Terms of Service

PLEASE READ, UNDERSTAND AND ACCEPT THESE TERMS OF USE BEFORE USING THIS APP.  NOTHING AVAILABLE THROUGH THIS APP SHOULD BE CONSTRUED AS MEDICAL ADVICE. THIS APP DOES NOT OFFER MEDICAL DIAGNOSIS OR PATIENT SPECIFIC TREATMENT ADVICE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN THIS APP. IF YOU THINK YOU HAVE A MEDICAL ISSUE, CALL YOUR PHYSICIAN IMMEDIATELY.

TERMS OF USE

By using this App (Said App) or by clicking a box that states that the User accepts and agrees to these Terms of Use, the User is confirming that the User has read, understood and accepted these Terms of Use (‘Terms of Use’). If the User does not agree to these Terms of Use, the User is not permitted to use this App.
Any complaints or grievances regarding the use or information posted on this Said App, may be sent to [email protected]

INTRODUCTION

This App “Harmony” and/or any part thereof (“Said App”) is owned by Radusdigital Inc (“App Owner”). For the purpose of these Terms of Use, the expression “User” shall mean any person (including a Registered User) who accesses or uses the Said App and the expression ‘Registered User’ shall mean a User who has registered himself/herself with the Said App for availing the services provided therein. The App Owner hereby grants the User a non-exclusive, non-transferable, limited license to use the Said App, subject to the unconditional acceptance of the Terms of Use governing the Said App. The User hereby agrees to familiarize himself/herself with the Terms of Use as well as other terms and guidelines found throughout the Said App and abide by them. If the User is dissatisfied with the Said App or any portion thereof, or with any of these Terms of Use, the User’s sole and exclusive remedy is to discontinue using the Said App.

The Services provided by the Said App also include certain services that are available via the User’s mobile phone, including (i) the ability to upload content to the Said App via the User’s mobile phone (Mobile Uploads), (ii) the ability to browse the Said App from the User’s mobile phone , and (iii) the ability to access certain features of the Said App through a mobile application the User can download and install on the User’s mobile phone  (referred to collectively as "Mobile Services"). The App Owner does not charge the User for these Mobile Services, However, the User’s carrier's normal messaging, data transfer and other rates and fees will still apply. The User should check with the User’s carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by the User’s carrier or mobile device vendor, and not all Mobile Services may work with all carriers or devices. Therefore, the User should check with the User’s carrier or mobile device vendor to find out if the Mobile Services are available on the User’s mobile devices, and whether restrictions, if any, apply to the User’s use of such Mobile Services. By using the Mobile Services, the User agrees to allow the App Owner to communicate with User regarding the Said App and other entities by SMS, MMS, text message or other electronic means (sent to the User’s mobile device). The User further acknowledges that certain information about the User’s usage of the Mobile Services may be communicated to the App Owner.

The Mobile Services provided by the Said App have been tested by the App Owner on certain mobile devices and it has  been found that they work normally in conjunction with other normal applications or services available on the mobile devices, However, use of the Said App’s mobile services on the User’s mobile device is at the User’s own risk and the App Owner will not be responsible for any malfunction on the User’s mobile device or loss of data on account of the use by the User of the Said App’s mobile services.

The Said App is deemed to be used by the User when it is accessed by the User by any means and/or when it is loaded and/or continues to be loaded in the temporary or permanent memory of the User’s smartphone or a similar system or in the internet browser thereof. The App Owner’s own records of the use of the Said App and transactions concluded therein, maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes. The User’s use of this Said App may be terminated at any time by App Owner at the sole and absolute discretion of the App Owner, without any reason or notice being required to be given to the User. The User understands and agrees that App Owner is a NETWORK SERVICE PROVIDER and an INTERMEDIARY. All the user generated information posted therein has been posted by Registered Users and is third party user generated content. The App Owner has no manual control over the third-party user generated content and shall not be liable for such content.

MEDICAL WARNING

This Said App has been created to provide information about wellness care and is for general informational purposes regarding wellness care that should never be construed as medical instructions. Without limiting the foregoing, the information on this Said App should not be considered complete and does not cover all diseases, ailments, physical conditions or their treatment. Nothing on this Said App is intended to substitute for proper medical advice, diagnosis, or treatment. This Said App is not intended and must not be interpreted as the rendering of medical, nursing, or professional wellness care advice or services, or the practice of medicine, nursing, or professional Wellness care in any jurisdiction. It is important that you consult with your own Wellness care professional about your specific situation. You should consult a physician before beginning an exercise program.

USERS ACCOUNT AND REGISTRATION OBLIGATIONS

The User can view some contents on the Said App without registering on the Said App. However, certain other activities on the Said App including but not limited to uploading content, posting comments, etc. require the User to register on the Said App. The User Shall be required to provide some personal information, when the User creates a Registered User Account, including the User’s email address, which is used to protect the Registered User’s account from unauthorized access.

If a User uses the Said App, the User shall be responsible for maintaining the confidentiality of the User’s ID and Password and for restricting access to User’s computer, computer system and computer network. The User shall be responsible for all activities conducted under the User’s ID.

The User agrees, inter alia, to:

  • Provide true, accurate, current and complete information about the User in the registration form required to be filled in to create a Registered User Account (such information being the "Registration Data")
  • Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete, or if the App Owner has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the  Terms of Use, the App Owner has the right to indefinitely suspend or terminate the User’s registration with the Said App and refuse to provide the User with access to the Said App.

Unless specifically agreed to by the App Owner in writing, no content from this Said App may be used, reproduced, transmitted, distributed or otherwise exploited in any way.

The User understands and acknowledges that the Said App is intended only for providing fitness related information for fitness conscious persons. The User hereby agrees to upload only accurate information relating to themselves. The User agrees not to set up fictitious accounts or upload any matter/information relating to fictitious persons. If the User comes to know of any account on the Said App that is fictitious/false or otherwise not in conformity with the Terms of Use or otherwise offends the User in any manner, the User agrees to immediately send a complaint to [email protected]enabling the App Owner to take appropriate action.

The User agrees not to submit, use and /or cause the storage into the Said App, any information that:

  • is defamatory, abusive, harassing, threatening, or an invasion of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms any person or entity;
  • is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a posting or submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
  • infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, the User must not distribute another person's personal information of any kind without the prior written permission of such other person) or publicity; or (c) any confidentiality obligation;
  • Is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
  • contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Said App or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Said App; or
  • Is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
  • Do not generally pertain to the designated topic or theme.

The User understands and accepts the fact that the App Owner cannot and does not assure the User that other Users will comply with these Terms or any other provisions of these Terms of Use, and, as between the User and App Owner, the User hereby assumes all risk of harm or injury resulting from any such lack of compliance.

The User shall not use the Said App for commercial purposes (without the prior written authorization of App Owner) or in any way that is unlawful, or harms the App Owner or any other person or entity, The App Owner’s decision with regard to the above use shall be final and binding on the User. All commercial uses without App Owner’s express approval including any of the following actions are prohibited:

  • Sale of access to the Said App or its related services on any another App;
  • Use of the Said App or its related services for the primary purpose of gaining advertising or subscription revenue;
  • The sale of advertising, on the Said App or any third-party
  • App, targeted to the content of specific User Submissions or the Said App content;
  • Any use of the Said App or its related services that App Owner finds, in its sole discretion, amounts to use of the Said App's resources or User submissions for the purpose of or has the effect of competing with or displacing the market for the Said App content, or its User submissions.
  • Any use of the Said App not expressly authorized in writing.

The User understands and acknowledges that the User may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and the User agrees to waive, and hereby does waive, any legal or equitable rights or remedies the User has or may have against the App Owner or the Said App with respect thereto, and agrees to indemnify and hold App Owner, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to the use of the Said App by the User.

The User is prohibited from using another User’s account without obtaining the prior permission of such other User. The User is solely responsible for the activity that occurs on the User’s account, and the User must keep the Users account password secure. The User must notify the App Owner immediately, in the event of any breach in security or unauthorized use of the Users account. The App Owner assumes no responsibility for the completeness and/ or availability of information posted/submitted by Registered Users on the Said App.
Although the App Owner will not be liable for the User’s losses caused by any unauthorized use of the Users account, the User shall be liable for the losses of the App Owner or others due to such unauthorized use of the Users Account.
The User agrees not to alter or modify any part of the Said App, or any of its related technologies. Further, the User shall not:

  • Reverse engineer, decompile, disassemble, copy, reproduce, distribute, modify, transmit, perform, publish or create derivative works from or in any way exploit any part of the Said App in violation of the Terms of Use or the laws of any country.
  • Create a database in electronic or structured manual form by systematically downloading and storing the entire Said App or part thereof except such information as relates or concerns the User.
  • Cache or permit caching by any person.
  • Commit any act that violates the App Owner’s intellectual property rights in the Said App.
  • Engage in any fraudulent, abusive or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the password or any private information relating to any other user.
  • Use the Said App to violate the security of any computer or computer network, crack passwords or security encryption codes, transfer or store illegal material including threatening or obscene material or engage in any kind of illegal activity.
  • Run a mail list or any form of auto-responder, or spam on the Said App or any processes that are run or are activated while the User is not logged on or engage in any virus attack or denial of service, attach or engage in any activity designed and/or intended to interfere with the working of Said App for any duration of time.

The User agrees not to use or launch any automated system, including without limitation, "robots,"  "spiders," or "offline readers," that accesses the Said App in a manner that sends more request messages to the Said App servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

Notwithstanding the foregoing, the App Owner grants the operators of public search engines permission to use spiders to copy materials from the Said App for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The App Owner reserves the right to revoke these exceptions either generally or in specific cases. The User agrees not to collect or harvest any personally identifiable information, including account names, from the Said App, nor to use the communication systems provided by the Said App (e.g. comments, email) for any commercial solicitation purposes. The User agrees not to solicit, for commercial purposes, any other Users of the Said App.

In the use of the Said App, the User shall otherwise comply with these Terms of Use and all applicable local, national, and international laws and regulations.
The App Owner reserves the right to discontinue any aspect of the Said App at any time.

ELECTRONIC FUND TRANSFERS (EFTS) AND ACCOUNT BALANCES

Harmoney partners with financial services software company Sila Inc. (Sila) and banking services provider Evolve Bank & Trust (Evolve), member FDIC, to offer you electronic fund transfers (EFTs). By creating a Harmoney account and initiating bank deposits or withdrawals, you agree to Sila’s terms of service, https://silamoney.com/terms-of-service/, and Evolve’s demand deposit account agreement, https://silamoney.com/evolve-bank-deposit-agreement/, (together, the “Partner Terms”). You must comply with the Partner Terms when creating or using your Harmoney Account. The Partner Terms may be modified from time to time, and the governing versions are incorporated by reference into these Terms of Use. Any term not defined in this section but defined in the Partner Terms assumes the meaning as defined in the Partner Terms. IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND THE PARTNER TERMS BECAUSE THEY CONTAIN TERMS AND CONDITIONS CONCERNING YOUR HARMONEY ACCOUNT, INCLUDING BUT NOT LIMITED TO LIMITATIONS, REVERSALS, AND ARBITRATION PROVISIONS, AND YOUR RELEVANT RIGHTS AND LIABILITIES.

ACCOUNT TERMINATION:
  • The App Owner will terminate a User's access to the Said App if it comes to the knowledge of the App Owner that the User is determined to be an infringer.
  • The App Owner reserves the right to decide whether a User Submission is appropriate and is not in violation of these Terms of Use but not limited to, the prohibitions relating to display/ submission of pornography, obscene or defamatory material on or in relation to the Said App.
  •  The App Owner may remove any User Submissions and/or terminate a User's access for uploading any material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
  • App Owner reserves the right to deny, at its sole discretion, any User access to this Said App or any portion thereof without notice.