Welcome to the website of Clearcals Private Limited (Clearcals) and our ‘Hint’ App. Clearcals shall mean to include the Company, its affiliates which deliver lifestyle interventions to at-risk individuals and patients through an integrated digital platform by various services viz., Medical Nutrition Therapy, Personalized Plans, Health Coaching, Preventive and Chronic Care.

Please read these Terms of Service carefully before you start to use the Services. By accessing, browsing, or using the services (including your submission of information to the website/Hint), you acknowledge that you have read, understood, and agreed to be bound by these terms of use, including the privacy policy, and comply with all applicable laws and regulations. You agree that the Terms of Services, combined with your act of using the Services, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms of Service on the grounds that it was electronically transmitted or authorized.

The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet this requirement, you must not access or use the Services.

Please be aware that these terms include limitations on the liability of Clearcals and our obligations relating to the services, certain conditions with respect to jurisdiction, and certain exclusions of Clearcals responsibility.

Table of Contents

• Services

• Proprietary Rights

• Authorized Usage of Services

• Rules for using the Hint App

  • About the App
  • Acceptance of Terms
  • Who can use the App
  • Login Credentials
  • Termination
  • Account Security
  • Modifications to the App
  • Authenticity of information

• Non Permissive Activities

• Warranty

• Liability

• Indemnification

• Miscellaneous

• Refund Policy
  

• Grievance Officer

• Contact Information

Services

Clearcals is a digital health and nutrition startup founded in April 2020. Our objective is to couple nutrition science and digital technology to provide advanced healthcare solutions. We are developing a suite of web-based and mobile applications to provide personalized lifestyle interventions to patients suffering from and individuals at risk of chronic diseases.

Our services include:

1. Lifestyle Tracking: Using the Hint App, you can track your food intake, log your workouts and water consumption. Set your goals, plan meals, set reminders and notifications to develop healthy habits. You also get access to nutrition data for thousands of Indian food.

2. Medical Nutrition Therapy: A cornerstone in handling chronic conditions, MNT is a supportive process to set priorities, establish goals, and create personalized action plans to nurture the responsibility of self-care.

   • Nutrition Assessment Evaluation of food habits, lifestyle, and environment to determine nutritional status and energy requirements

   • Clinical Diagnosis
     Examination of nutrition, physical signs, and symptoms to discover the underlying root cause of illness

   • Health Goals and Milestones
     SMART objectives to track your progress through biomarkers and self-monitored health data

3. Personalized Plans: We recognize the biochemical individuality of each human being. Personal variables such as age, gender, biomarkers, lifestyle, and environmental factors are considered in designing a personalized nutrition prescription.

   • Medical History: Meticulous attention to your clinical background and family history

   • Eating Patterns: Analysis of meal timings, portions, and accessibility

   • Socioeconomic Profile: Appraisal of occupational hazards and regional practices.

4. Health Coaching: We establish a therapeutic relationship with our users by building trust and empathy. We ingrain healthy habits that last a lifetime by identifying barriers that the users might have and creating a sense of hope.

   • Self-awareness: Help you in understanding your body, health, and environment to detect early signs of illness

   • Health Education: Improve health literacy and numeracy to prevent comorbidities through continuous training

   • Self-efficacy: Promote the belief in your abilities to live healthy through motivational interviewing

5. Care: Our programs reduce the risk of developing complications and mitigate the effect of pre-existing chronic conditions. These programs will not replace the treatment of disease but rather complement the regular use of drug therapies prescribed by physicians.

Proprietary Rights

1. You confirm and agree that We are the owner of the proprietary information made available to You through the App and hereby retain all proprietary and intellectual property rights in the same, including but not limited to all confidential information.

2. You undertake not to post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way, and whether partly or fully, any (i) confidential or proprietary information, or (ii) copyrighted or copyrightable material, trademarks, service marks or other proprietary information accessible via the App; whether belonging to Us or not without first obtaining Our prior written consent.

3. By posting information or content to any profile pages or public area of the App, or making it accessible to Us by linking Your account to any social network accounts (e.g., via Facebook, Twitter, Instagram, etc.), You grant Us unconditionally and in perpetuity, and represent and warrant that You have the right to grant to Us, an irrevocable, perpetual, non-exclusive, fully-paid/royalty-free, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information, and content, and to grant and authorize sub-licenses of the foregoing anywhere in the world. From time to time, We may modify, add or vary existing features or programs of the App or create, add, test, or implement new features or programs on the App in which You may voluntarily choose to participate or maybe a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By participating in such features or programs, You grant Us an unconditional and perpetual right and consent to the terms and conditions (if any) of such features or programs, which will be in addition to these App Terms and Conditions.

Authorized Usage of Services

You should avail of the services as agreed and are prohibited from violating or attempting to violate the security measures on the Services, including, without limitation:

1. Using a false password or one belonging to another user, or accessing data not intended for the user, or logging in to a server or account which such user is not authorized to access;

2. Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised;

3. Attempting to probe, scan, or test the vulnerability of the system or network, or to breach security or authentication measures without proper authorization;

4. Attempting to interfere with service to any user, host, or network, including, without limitation, via means of overloading, “flooding,” “mail bombing,” or “crashing”;

5. Sending unsolicited email or commercial electronic messages, including promotions and/or advertising of products or services;

6. Hijacking all or any part of the Services or Content; deleting or changing any Services or Content; deploying pop-up messages or advertising, running or displaying the Services or Content in frames or through similar means on another website; or linking to the Services or Content, without our specific written permission.

Rules for using the Hint App

You agree to use the Content and Services only for your own personal and non-commercial use. You may not use the Services in a manner that will infringe the copyright, patent, trademark, trade secret, or other intellectual property rights of others and as well the Company.

About the Hint App:

1. The Hint App constitutes our intellectual property. It includes the following features and information.

   • Recipe nutrition data: Access nutrition facts of various types of Indian food, including but not limited to calories, macronutrients, fiber, sugar, saturated fat, monounsaturated fat, polyunsaturated fat, cholesterol, sodium, vitamins, and minerals.

   • Home Screen: Track the daily calories consumed through meals, calories burned through exercise, water consumption. Learn about various nutrients, clinical conditions, workouts, food or recipes, devices through content in multiple formats such as blogs, images, and videos.

   • Food Logging: Track the quantities of food consumed in each meal and learn about your dietary pattern.

   • Workout Logging and Summary: Track the duration, distance, effort of workouts performed daily and exercise regularly.

   • Water Logging and Summary: Consume adequate amounts of water daily and get the necessary hydration.

   • Diet Summary: Compare the nutrients consumed throughout the against daily goals and recommended dietary allowances. The nutrients described in the diet summary include calories, macronutrients, fiber, sugar, saturated fat, monounsaturated fat, polyunsaturated fat, cholesterol, sodium, vitamins, and minerals.

   • Meal Summary: View or edit the summary of meals consumed throughout the day.

   • Goals: View or set goals for calorie intake, calorie burn, macronutrients, and micronutrients.

   • Reminders and Notifications: Set reminders to follow a regular meal, water intake, and workout pattern according to your circadian rhythm.

2. Some features of the App are free to use. In the subsequent versions, various plans would be provided to the users requiring in-app purchases and subscription payments.

Acceptance of Terms:

1. These App Terms and Conditions are in the form of an electronic and legally binding contract that establishes the terms and conditions. You have accepted before using the App or any part thereof. These include Our Privacy Policy and Other Policies as mentioned in these App, Terms, and Conditions as well as other specific policies and terms and conditions disclosed to You, in case You avail any subscription or any additional features, products, or services We offer on or through the App, whether free or otherwise, including but not limited to terms governing features, billing, free trials, promotions, and discounts. By using the App, You hereby unconditionally consent and accept to these App Terms and Conditions, Privacy Policy, and Other Policies. To withdraw such consent, You must immediately cease using the App and terminate Your account with Us.

2. You consent to have these App Terms and Conditions and all notices provided to You in electronic form.

3. Every time You use the App, You confirm Your agreement with these App Terms and Conditions, Privacy Policy, and Other Policies.

Who can use the App

1. The minimum age to use the App is 18 (eighteen) years. By using the App and in order to be competent to contract under applicable law, You represent and warrant that You are at least 18 (eighteen) years of age or not a minor in any other jurisdiction from where You access Our App.

2. By using the App, You hereby represent and warrant to Us that You have all right, authority and capacity to enter into these App Terms and Conditions and to abide by all of the terms and conditions thereof.

Login Credentials:

1. In order to use the App, You have the option of signing in using Your Facebook/Google login. If You do so, You authorize Us to access and use certain Facebook/Google account information of Yours, including but not limited to Your public Facebook/Google profile and information about Your Facebook/Google friends, Your interests, and dislikes. For more information regarding the type/nature of information We collect from You and how We use it, please refer to Our Privacy Policy at Privacy Policy.

2. Your account details You provide to Us must always be kept private and confidential and should not be disclosed to or permitted to be used by anyone else, and You are solely responsible and liable for any and all usage and activity on the App that takes place under Your account.

3. By agreeing to these App Terms and Conditions, You grant Us permission to send electronic communications to You as part of Our offering. This includes but is not limited to sending emails, newsletters, notifications, and promotional offers from Us and Our partners. Should You no longer wish to receive such electronic communications, You may write to Us at support@clearcals.com.

4. Any account You open with Us is personal to You, and You are prohibited from gifting, lending, transferring, or otherwise permitting any other person or entity to access or use Your account in any way whatsoever.

5. Each User is only permitted to have one account on this App platform. If the use of multiple accounts/registrations by a single user is found, We reserve the right to investigate, suspend and/or terminate, whether temporarily or permanently, Your App account with Us.

Termination

1. These Terms will remain in full force and effect while You use the App or any part thereof.

2. You may terminate or disable Your App account at any time and for any reason by deleting the App from Your device.

3. We may, at Our sole discretion, terminate or suspend, whether temporarily or permanently, Your App account at any time with or without notice and for any reason, including for Your breach of these App Terms and Conditions. After Your App account is terminated or suspended, all the terms hereof shall survive such termination or suspension and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

4. You acknowledge that We reserve the right to terminate or delete Your account in case it remains 'inactive' for a duration as determined by Us at Our sole discretion. If We terminate or suspend Your account because You have breached this Agreement, You will not be entitled to any refund of unused subscription fees and for any fees towards any in-App purchases.

5. Following termination of these App Terms and Terms, We will only retain and use Your Content in accordance with these App Terms and Conditions.

Account Security

You shall be solely responsible and liable for maintaining the utmost privacy and confidentiality of Your App log-in (username and password) details as well as for any and all activities that occur under Your log-in. You agree to immediately notify Us of any disclosure or unauthorized use of Your log-in or any other breach of security by emailing us at support@clearcals.com

Modifications to the App

We reserve the right at any time to modify or discontinue, temporarily or permanently, the App (or any part thereof) with or without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the App. Any access or usage by You of the App shall imply that You have accepted any new or modified terms and conditions. Please re-visit these App Terms and Conditions from time to time to stay abreast of any changes that We may introduce.

We may occasionally update these App Terms and Conditions. When We post any changes, We will revise the "last updated" date. We recommend that You check Our App from time to time to keep Yourself updated on any changes in this App Terms and Conditions or any of Our Policies.

Authenticity of information

We may check new user account profiles strictly for verifying the accuracy of profile information and any unsuitable, objectionable, or inappropriate content. However, We may not be able to verify the identity of all such users or the accuracy of their content, nor can We guarantee that We will be able to identify all unsuitable, objectionable, or inappropriate content. Please do not take any user content as fully accurate and/or complete. We will not be liable or responsible for any false and misleading content and information given by any user. If You have any concerns over any user content, please write to us at grievanceofficer@clearcals.com with the details thereof.

You hereby acknowledge and agree that You shall ensure that at all times, Your interaction with other users of the App will always be lawful and appropriate and that You alone shall be responsible for all consequences thereof.

Non Permissive Activities

We reserve the right to investigate, suspend and/or terminate, whether temporarily or permanently, Your App account with Us if You undertake any of the following acts:

1. breach these App Terms and Conditions, Privacy Policy or Other Policies;

2. abuse, impersonate or defame Us or any App user or any other person, entity or any religious community;

3. use the App for any commercial use or activity not expressly permitted as per these Terms;

4. “stalk” or otherwise harass any App user or any other person;

5. make any statements, whether expressed or implied, and whether privately or publicly, as those endorsed by Us without Our specific prior written consent;

6. use the App in an illegal manner or commit an illegal act or use the App not expressly authorized by Us;

7. use any robot, spider, tool, site search/retrieval application, or other manual or automatic device or process to retrieve, index, ‘data mine,’ or in any way reproduce or circumvent the navigational structure or presentation of the App;

8. collect any personal information, including contact details, of any App users by electronic or any other means and for any purpose, not expressly permitted under these App Terms and Conditions;

9. send any unsolicited email or any other communication in any way whatsoever not expressly permitted under these App Terms and Conditions;

10. undertake any unauthorized framing of or linking to the App or “frame” or “mirror” any part of the App, without Our prior written authorization;

11. interfere with, obstruct, destroy or disrupt the App or the servers or networks connected to the App, whether partly or fully and whether permanently or temporarily;

12. email or otherwise transmit any content or material that contains software viruses, malware, spyware, or any other computer code, files, or programs designed to interrupt, destroy, disrupt or limit the functionality of the App or of any computer software or hardware or telecommunications equipment connected with the App;

13. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the App (either directly or indirectly through use of any third party software);

14. use meta tags, code, programs or other devices, tools, or technology containing any reference to Us or the App (or any trademark, trade name, service mark, logo, or slogan of Ours or Our partners) to direct any person to any other website or link or application for any purpose;

15. directly or indirectly modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the App; or

16. post, use, transmit or distribute, directly or indirectly, in any manner or media any content (whether textual, graphical, images, audio, video, audio-video or any combination thereof) or information obtained from the App other than solely in connection with Your use of the App in accordance with these App Terms and Conditions.

17. registration of multiple accounts for a single user or registration of multiple accounts by assuming fake identities;

18. undertaking and participating in any fraudulent activities with a purpose to collect invite rewards;

19. hit Our servers/use a code/ undertake in any fraudulent activities to emulate steps, or adopt any means whatsoever to show and claim a number of steps that is over and above the steps counted by Our App i.e., steps actually walked/run by the User of the account.

Warranty

1. To the maximum extent permitted by applicable law, We have provided the App on an "AS IS" and "AS AVAILABLE" and “BEST EFFORTS” basis and grant no warranties of any kind, whether express, implied, direct, indirect statutory, or otherwise with respect to the App or any part thereof (including all content contained therein), including any implied warranties of correctness, validity, accuracy, completeness, appropriateness, fitness, compatibility for a particular purpose or outcome or non-infringement. We do not warrant that the use of the App will always be secured, uninterrupted, available, error-free or will meet Your requirements or expectations, or that any defects in the App will be corrected or result in the desired results. We disclaim liability for, and no warranty is made with respect to, the connectivity and availability of the App at all times and the results of the use of the App.

2. Opinions, advice, statements, offers, or other information or content made available through the App, but not directly by Us, are those of their respective consultants, and should not necessarily be relied upon. Such authors are solely responsible for such Content. We do not (i) guarantee the accuracy, completeness, or usefulness of any information provided on the App, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than Us.

3. From time to time, We may offer new features or tools which Our App users may experiment with or experience. Such features or tools are offered solely for experimental purposes and without any warranty of any kind and may be modified or discontinued at Our sole discretion. The provisions of this Warranty section shall apply with full force to such features and tools.

4. We accept no responsibility for any damage, loss, liabilities, injury, or disappointment incurred or suffered by You as a result of the App.

Liability

1. To the maximum extent permitted by applicable law, in no event will We be liable for any incidental, special, consequential, or indirect damages arising out of or relating to the use or inability to use the App, the result of using the App, including without limitation, damages for a recommendation of the App, loss or corruption of data or programs, service interruptions and procurement of substitute services, even if we know or have been advised of the possibility of such damages. To the maximum extent permitted by applicable law, under no circumstances will we be liable for any liquidated or punitive damages.

2. To the maximum extent permitted by applicable law, in no event will We be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential and/or incidental, liquidated, punitive arising out of or relating to recommendation of the App, the conduct of any App user or anyone else in connection with the use of the App, including without limitation, bodily injury, emotional distress, financial loss and/or any other damages resulting from communications with other App users or as a result of using the App.

Indemnification

You agree to indemnify, defend and hold Us harmless, as well as Our affiliates, subsidiaries, and each of their respective officers, directors, employees, agents, consultants, and other related or affiliated third parties, from and against any and all losses, claims, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the App, including but not limited to (i) any violation by You of these App Terms and Conditions, or (ii) any action arising from the Content that You publish on the App or using the App that infringes any proprietary or intellectual property rights (e.g. copyright, trade secrets, trademark or patent) of any third party, or (iii) any content or communication that denigrates, libels or invades the privacy right of any third party. We reserve the right, at Our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and You will co-operate fully in asserting any available defenses in such case.

Miscellaneous

1. Entire Agreement: These App Terms and Conditions constitute the entire agreement between You and Us regarding the subject matter hereof, and replaces and supersedes any and all prior agreements/ understandings/ correspondences, whether written or oral, between You and Us.

2. Amendment: We reserve the right to amend these App Terms and Conditions from time to time. Any such amendments will be applicable to all persons viewing/accessing/using the App once the revisions have been posted onto the same. You should therefore check the App from time to time to review the current App Terms and Conditions as applicable to You.

3. Survival: Termination or suspension of Your App Account shall not affect those provisions hereof that by their nature are intended to survive such termination or suspension.

4. Governing Law and Jurisdiction: These App Terms and Conditions shall be governed and construed in accordance with the laws of India and shall be subject to the exclusive jurisdiction of any competent courts situated at Hyderabad.

5. No Assignment: These App Terms and Conditions are personal to You. You cannot assign Your rights or obligations hereunder, whether partly or fully, to anyone.

6. Severability: If any provisions of these App Terms and Conditions are held invalid or unenforceable under applicable law, such provision will be inapplicable, but the remainder will continue in full force and effect.

7. Waiver: No waiver of any term, provision, or condition of these App Terms and Conditions whether by conduct or otherwise in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such term, provision, or condition or of any other term, provision or condition of these App Terms and Conditions.

Refund Policy

1. You are eligible for a refund of your subscription in case there have been service failures or you have a valid concern with the Hint app that has been reported to our team.

2. Depending on the plan duration, you may cancel your subscription within the stipulated timelines from the date of subscription to the Hint Premium Plan. If you cancel your subscription or if it is suspended or terminated by Hint within the specified period, we shall refund any subscription fees as follows:

   • Monthly Subscription: If you have purchased a monthly Hint Premium subscription plan, you will be eligible for a refund within the first 3 days of your subscription.

   • Longer Subscriptions: If you have subscribed for more than a 1-month subscription with us, you will be eligible for a refund within the first 7 days of your subscription.

   • The refund shall be processed in the manner/mode that was used to subscribe to the Hint Premium Plan within 30 days from the date of cancellation.

   • If you have purchased a Hint Pro subscription, you will not be eligible for a refund from the Hint app. Refunds for Hint Pro subscriptions will be made directly by Google Play and Apple App Store only when a subscription is canceled on the Google Play Store or Apple App Store as per their respective refund policies.

Disclaimer: Clearcals reserves the right to deny a refund or service to an individual in case of unprofessional behavior exhibited during the client’s tenure with us.

Grievance Officer

In accordance with Information Technology Act, 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:

Name: Susheel Athmakuri

Email: grievanceofficer@clearcals.com

Contact Information

Please contact Us by email at support@clearcals.com for any questions or comments regarding these App Terms and Conditions.