1.Background

This document is an electronic record in terms of (i) the Information Technology Act, 2000; (ii) the rules framed thereunder as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which requires publishing the rules and regulations, privacy policy and terms of use for access to or usage of https://nourishwithsim.com/ (the "Website") and the application called HEAL by nurrish (the "Application"). For the purposes of this Terms of Use, the Website and Application are collectively referred to as the "Platform".

The Platform is owned, registered and operated by Nourish with Sim LLP, a Limited Liability Partnership registered under the Limited Liability Act, 2008, with its registered office at 603, 6th Floor, Barton Centre, No. 84, M.G. Road, Bengaluru – 560 001 ("NWS" or the "LLP").

These Terms of Use govern your use of the Platform and the Services provided through it. By using or visiting the Platform, you shall be deemed to have read, understood and accepted to be bound by these Terms of Use. "You", "Your" or "User" means any natural or legal person who uses the Platform to avail the Services. "We", "Us" or "Our" means Nourish with Sim LLP.

We reserve the right to make changes to these Terms of Use at any time. Modifications become effective immediately upon posting, and your continued use of the Platform constitutes agreement to those modifications. You agree to periodically review the current version as posted on the Platform.

2.Services

2.1 Description

Through our Platform, we provide online fitness programs, transformation and home-workout content, as well as nutrition plans for overall wellbeing (the "Services"). The Services also include an AI-powered conversational assistant, which provides nutrition and wellness support through a chat interface and is subject to Clause 2.6 (AI-Powered Features) below. Specific terms for the various packages of Services may be accessed on the Platform.

2.2 Registration

Access to and use of the Platform is restricted to registered Users. Some content may require different types of registration and/or additional fees. To register and use the Platform, you must provide truthful and accurate account information, including username, email address, phone number, billing address, and credit card information, and keep it updated. Failure to maintain accurate information could limit your access to the Platform.

You are required to register and purchase Services through the Website; thereafter you may download and use the Application with the username and password assigned to you. The Application is exclusively made available to registered users.

You are solely responsible for maintaining the confidentiality of your account and password and for all activities and liabilities occurring under your account. If you believe you are a victim of identity theft, notify us immediately. We reserve the right to suspend any account at any time, with or without notice, to prevent fraudulent activity.

You agree to (a) maintain and promptly update your account information so it remains true, accurate, current and complete; and (b) use the Platform only to avail the Services in accordance with these Terms of Use and any other guidelines notified by the LLP from time to time.

2.3 Usage of the Platform

Subject to compliance with these Terms of Use, the LLP grants you a non-exclusive, revocable, limited privilege to access and use the Platform and Platform Services. You agree to use them only (a) for purposes permitted by these Terms of Use, (b) for purposes for which the Platform Services are meant, and (c) in accordance with applicable law, regulation, or generally accepted practices. You agree not to engage in activities that may adversely affect use of the Platform by the LLP or other Users.

You agree not to access, or attempt to access, the Platform other than through the interface provided by the LLP, and not to use any deep-link, robot, spider, or other automated device or process to access, acquire, copy or monitor any portion of the Platform or Content, or to reproduce or circumvent its navigational structure, in order to obtain materials, bookings, documents or information not specifically made available through the Platform.

Every User must use their own account. Subject to Clause 2.3.4, Platform Content is made available to a User only for the duration of the subscribed program, and access is blocked or restricted upon completion or expiry of that duration. If you purchase a program of 12 weeks or more (with a nutritional guidance pack), you are given access to Platform content for an additional 4 weeks from the date the subscribed program expires. The commencement of a subscribed program is as per the dates you choose on the app at the time of purchase.

You acknowledge that by accessing or using the Platform, Platform Services or Content, you may be exposed to content from others that you may find offensive, indecent or otherwise objectionable, and the LLP disclaims all liability arising from such content.

Where the Platform allows you to post or upload material, you undertake that such material is not offensive and complies with applicable law. All material you add, create, upload, submit, distribute or post is your sole responsibility. The LLP reserves the right to review any information or data you upload and to delete anything inconsistent with these Terms of Use.

Except as expressly indicated, the LLP grants you a non-exclusive, freely revocable, non-transferable right to view Content available on the Platform, subject to the conditions that you may (a) access Content solely for personal, informational and internal purposes, (b) not modify or alter Content, (c) not distribute, sell, rent, lease, license, or otherwise make Content available to others, and (d) not remove any text, copyright or other proprietary notices from downloaded Content.

2.4 Eligibility to Use the Platform

The Platform Services are not available to minors — persons under 18 years of age — or to any Users suspended or removed by the LLP for any reason. You represent that you are of legal age to form a binding contract and are not barred from receiving Platform Services under applicable law.

The LLP reserves the right to refuse access to new Users or terminate access for existing Users at any time, without giving reasons.

You shall not have more than one active Account on the Platform, and you are prohibited from selling, trading or otherwise transferring your Account, or impersonating any other person to create an account.

You shall not share your Account password or share or transfer your Account with any other person. We reserve the right to terminate your subscription if, in our sole discretion, we believe you are in violation of this clause; subscription fees already paid are non-refundable in that event.

2.5 Modification of Services

We reserve the right to add, change or remove features and other aspects of the Services. These Terms of Use continue to apply to modified Services. We may modify, discontinue (temporarily or permanently) the Platform or Services, or any part, with or without notice, and you agree not to hold the LLP liable for any such modification, suspension or discontinuation.

2.6 AI-Powered Features

2.6.1 AI-generated responses. Certain parts of the Services, including the conversational assistant made available through the Platform, use artificial intelligence to generate responses, suggestions and recommendations. These responses are generated automatically by software in response to what you share.

2.6.2 Accuracy. AI-generated responses may be inaccurate, incomplete, out of date or inappropriate in some circumstances. We do not warrant the accuracy, completeness or reliability of any AI-generated response, and Clause 9 (Limitations and Disclaimer of Warranty) applies to such responses in the same way as it applies to all other Content on the Platform.

2.6.3 Not medical advice. The conversational assistant is not a doctor, dietitian, nutritionist or other healthcare professional, and does not provide medical advice. Clause 8 applies to AI-generated responses in the same way as it applies to all other content: such responses are not a substitute for direct, personal, professional medical care and diagnosis, and must not be treated as a diagnosis, a medical treatment, or a recommendation to begin, stop or change any medical treatment. You should consult your physician, doctor or healthcare provider before acting on any AI-generated response, and seek medical attention promptly if you experience any concerning symptom.

2.6.4 Personalisation. To provide responses more relevant to you, the assistant may use information available within your account, including information shared in previous conversations and information recorded as part of your nutrition and wellness history with us. Our handling of that information is described in our Privacy Policy.

2.6.5 Your responsibility. You remain responsible for how you use any information generated by the assistant and for any decision you take on the basis of it. You should exercise your own judgement and seek advice from a qualified medical or healthcare professional where appropriate.

2.6.6 Conversation content. Information you share in conversations with the assistant is used to provide the Services and is handled in accordance with our Privacy Policy. Such information is not treated as content submitted for publication under Clause 5 (Access and Usage of Your Images).

2.6.7 Your longitudinal record is not a medical record. We maintain a record of your nutrition and wellness journey, held in a structured health-record format so it is organised consistently and can be understood by health systems. That record is a wellness record — it is not a medical record, we are not a healthcare provider, and entries taken from your conversations record what you have told us rather than any diagnosis or clinical finding confirmed by a health professional. If you share the record with a doctor or other healthcare professional, you should make clear to them that it contains information reported by you.

3.Subscription Fees, Payment Terms and Refund Policy

3.1 The fees charged for accessing the Platform are the "Subscription Fees". To access Platform Content, you are subject to a minimum three (3) month Subscription Fee, or as set out in a fee schedule made available on the Platform. Payment must be submitted in advance, and is conducted automatically. If payment is unsuccessful, your access will be suspended until payment is realized; we will attempt to notify you via email. Since the Platform is delivered in full at the beginning of the subscription period, amounts paid are non-refundable.

3.2 We publish a Subscription Fee schedule on the Platform for your review. Fees are subject to change at our sole discretion; we will use good-faith efforts to notify you via email or other viable means prior to a change.

3.3 Payment must be made via online transfer, net banking, or debit/credit card to the LLP's designated bank account; cash, cheque and demand draft are not accepted. You are solely responsible for Subscription Fees billed through your card or transfers. All fees are payable in Indian Rupees (INR) only. Card payments are subject to approval by the issuing financial institution, and any transaction fee for card/net-banking/online-transfer payments is borne by you.

3.4 All our Services are digital and are deemed "used" upon purchase. We have a strict no-refund policy with regard to any dissatisfaction with Services availed through the Platform. Contact support@nourishwithsim.com with any queries or concerns.

3.5 If you test COVID positive, we will offer either (a) a one-month extension of your subscribed program, or (b) a three-month pause from the date you notify us of your result. As noted in Clause 3.4, our Services are deemed "used" on purchase, so under no circumstances will Subscription Fees be refunded, wholly or partially.

4.Intellectual Property Rights

4.1 Copyright

All content on the Platform and the LLP's social media accounts — including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, software, recipes and workout programs (the "Content") — is and shall remain the property of the LLP, protected by applicable intellectual property laws. The compilation of all Content is the LLP's exclusive property and may not be reproduced or used without express written permission. You agree not to decompile, reverse-engineer or disassemble any software or process accessible through the Platform, not to insert code or manipulate Content in a way that affects user experience, and not to use any data-mining, data-gathering or extraction method. The LLP may terminate your subscription for violation of this clause.

You acknowledge that the Services are provided solely for your personal and non-commercial use.

4.2 Trademarks

nourishwithsim.com is the domain name registered by the LLP. The Platform's graphics, logos, page headers, button icons, scripts and service names constitute the LLP's trade dress. Trademarks, domain names, application name and trade dress are the LLP's sole and exclusive property and may not be used or reproduced without prior written approval, nor used in connection with any unaffiliated product or service in a manner likely to cause confusion, dilute the LLP's rights, or disparage or discredit the LLP.

5.Access and Usage of Your Images

We may offer to photograph you, or ask you to share photographs (alone or with other users), or appear in a video during a class or session ("Images"). Images are clicked or recorded by NWS personnel or someone authorised by NWS. Once uploaded to the Platform or NWS's social media handles, you may be allowed to tag yourself. You acknowledge that uploaded Images are accessible to all Users/subscribers/followers of the Platform and social handles, who may download or screenshot them. You may also upload your own photos or videos to your own social handles or elsewhere. Images may also be seen, accessed or downloaded through third-party services such as search engines, APIs, websites and other services. NWS disclaims all liability with respect to misuse, loss, modification or unavailability of Images or other Platform content.

Ownership rights. You confirm you will only provide or upload content, information or Images you have the right to share, and that do not violate the law or anyone's rights, including intellectual property rights. All rights, title and interest in Content, and any derivatives, modifications, enhancements and new inventions undertaken by NWS, belong to and vest entirely with NWS. NWS may, at its discretion, add to, delete from, or modify the Platform, specifications or communications facilities, including to comply with changes in law. For content you submit, you grant NWS and its affiliates a worldwide, transferable, non-exclusive, sublicensable right to use, copy, modify, distribute, publish, process and create derivative works from it, including displaying it on public and social platforms, without consent, notice or compensation to you or any third party. NWS reserves all rights in the Platform not expressly granted. Unless stated otherwise, content uploaded by NWS is believed to be in the public domain as promotional material or publicity photos, at NWS's determination. NWS may review, screen and delete content it believes violates these Terms of Use or third-party intellectual property rights.

For the avoidance of doubt, this Clause 5 does not apply to information you share in conversations with the AI-powered conversational assistant, which is governed by Clause 2.6.6 and our Privacy Policy.

The LLP may request that you share your personal experience and results for publication on the Platform. Testimonials reflect individual experiences; results vary from person to person. You consent to the LLP using your testimonial and any images or videos of your results in a manner the LLP deems appropriate, at its sole discretion. Testimonials are displayed verbatim except for grammatical or typing corrections, may be edited for clarity or shortened to remove irrelevant information, and may be reviewed for authenticity before posting.

6.Confidential Information

You agree to safeguard any Confidential Information you may access during your use of our Services, and to prevent unauthorized, negligent or inadvertent use or disclosure. You will not, without our prior written approval, directly or indirectly use or disclose Confidential Information to any person or business.

If you violate this clause, we have the right to (a) equitable and injunctive relief to prevent the prohibited use or disclosure, and (b) recover damages connected with it.

"Confidential Information" means any information or content provided or made available to you in connection with the Platform or Services, including the LLP's social media handle designs, concepts, processes, materials, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio/video clips, photos, images and other data or copyrightable materials, trade secrets, and the technology underlying the Services.

7.Fraud and Improper Conduct

You may only access the Platform and use the Services for lawful purposes, and are solely responsible for knowledge of, and adherence to, all applicable laws, rules and regulations. You agree that you shall not:

• interfere with others' ability to access or use the Services;
• disrupt the normal flow of communication or otherwise adversely affect other users' ability to use the Platform or Services;
• hack into another user's account or create a fake account using another user's name;
• engage in conduct amounting to sexual harassment under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013;
• stalk any user or NWS personnel via internet, email, social media, other electronic communication, physical stalking, or any other form of sexual harassment not covered above;
• violate these Terms of Use;
• make commercial use of the Platform designed to monetize the login process, the collection or use of other users' personal information, or access to Platform Content;
• harass or advocate harassment of another person;
• transmit junk mail, chain letters, or unsolicited mass mailing or spam;
• promote information known to be false or misleading, or that promotes illegal activity or conduct;
• interfere with or disrupt the Platform or any related server or network;
• collect or harvest other users' names to transmit unsolicited commercial messages;
• access or attempt to access any portion of the Platform other than through the Platform itself, or use automated tools (scripts, robots, etc.) to operate it;
• resell, rent, loan or sublicense the Platform or Platform Content; or
• otherwise violate any local, national or other applicable law or regulation.

You also agree not to use the Platform to host, display, upload, modify, publish, transmit, update or share any information that:

• belongs to another person, to which you have no right;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of privacy, hateful, or racially/ethnically objectionable, or otherwise unlawful in any manner, including relating to money laundering or gambling;
• harms other Users in any way;
• fraudulently or dishonestly makes use of another person's electronic signature, password or other unique identifier;
• infringes any patent, trademark, copyright or other proprietary right;
• violates any law currently in force;
• deceives or misleads the recipient about the origin of a message;
• is grossly offensive or menacing in nature;
• impersonates another person;
• contains software viruses or other harmful code, files or programs; or
• is designed to interrupt, destroy or limit the functionality of any computer resource.

If you become aware of unauthorized use of the Platform or its Content, notify us immediately in writing at support@nourishwithsim.com. If unauthorized use occurred through your account via a third party, you must take all necessary steps to terminate it and cooperate with us as reasonably requested.

8.Key Points on the Services Offered Through the Platform

The Platform contains content on personal fitness, nutrition, wellbeing and dieting, including any response, suggestion or recommendation generated by the AI-powered conversational assistant. This content is not a substitute for direct, personal, professional medical care and diagnosis. No meal plan or exercise program on the Platform should be performed or consumed without clearance from your physician or healthcare provider. Content on the Platform is not intended to provide specific physical or mental health advice for any individual or company, and should not be relied on as such. We are not medical professionals and nothing on the Platform should be misconstrued otherwise.

Once you register and subscribe to an NWS program, you will be given slot options across the following 72 hours. Private coaching calls are carried out over Google Meet or a similar service, within our working hours: 9am–5pm IST on weekdays, 9am–noon IST on Saturdays; we are off on Sundays and public holidays.

Not all exercises shown are suitable for everyone. If, during a workout, you feel dizzy, faint, or experience physical discomfort, stop immediately. You are solely responsible for exercising within your limits and seeking medical advice as appropriate; we are not responsible for injuries resulting from participating in the exercises shown.

We make no claim to cure any illness or achieve your desired goals — our intention is to deliver the subscribed Services to the best of our capability. We do not guarantee specific results. We believe the body can safely lose up to 1% body weight a week, and we prefer the safe, holistic way; results vary based on individual disposition, and many factors influence success. Projections in our advertising materials are opinions, not fact.

There may be risks associated with the activities presented on the Platform for people in good or poor health, or with pre-existing conditions. If you choose to participate, you do so of your own free will, knowingly and voluntarily assuming all associated risks. Results depend on your individual background, physical health, previous experience, capacity, ability to act, motivation and other variables, and there are no guarantees of any level of success.

9.Limitations and Disclaimer of Warranty

The Platform, the Services, and each portion of them are provided "as is" without warranties of any kind, express or implied. To the fullest extent permitted under applicable Indian law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The LLP makes no warranty that (i) the Platform, Services or Content will meet your requirements, or that use will be uninterrupted, timely, secure or error-free; (ii) results obtained will be effective, accurate or reliable; (iii) quality will meet your expectations; or (iv) errors or defects will be corrected. No advice or information obtained from the LLP creates any warranty not expressly stated in these Terms of Use.

The LLP has no liability related to User Content under intellectual property, libel, privacy, publicity, obscenity or other laws, and disclaims all liability for misuse, loss, modification or unavailability of User Content. We make no representations about the use, validity, accuracy or reliability of the Platform, Services, or training rendered by NWS personnel. The LLP is not liable for loss arising from unauthorized use of your account, with or without your knowledge.

Because the Services are digital, we do not offer refunds for a failure to confirm a program is the right fit; it is your responsibility to review these Terms of Use carefully before purchase. Programs and exclusive bonuses/course extensions are non-refundable under any circumstances.

Under no circumstances, including negligence, will we be liable for any direct, indirect, special, incidental or consequential damages — including loss of data or profit — arising from use of, or inability to use, the Platform or Services, even if advised of the possibility of such damages.

While the LLP has endeavored to ensure information on the Platform is correct, it makes no warranty or representation as to the quality, accuracy or completeness of any data, information or Services rendered. The LLP is not responsible for delays, unavailability, or failure to provide functionality, including during periodic maintenance or unplanned suspension for reasons beyond its control. Any material or data downloaded through the Platform is at your own discretion and risk, and you are solely responsible for any resulting damage to your systems or data loss.

Any agreement, correspondence, promotion or purchase between you and a third party advertised on the Platform is a separate matter between you and that third party; NWS has no responsibility or liability for it, and you are governed by that third party's own terms and privacy policy.

Information on the Platform and NWS's social media accounts is for general health information only, and is not a substitute for professional medical advice, diagnosis or treatment. Consult a specialist doctor rather than relying exclusively on the Platform for your health needs, and seek medical advice before starting any nutrition, weight-loss or workout program.

You acknowledge the obvious risks of undertaking fitness and exercise routines and programs — including personal injury such as broken bones, soft-tissue injuries, joint injuries, and heart, lung or breathing problems, or aggravation of a pre-existing condition — arising from:

• known or unknown health problems or previous injuries;
• pregnancy;
• engaging in activity too strenuous for your level of fitness and health;
• tripping or slipping, including over fitness equipment at home or in a gym; and
• attempting an activity beyond your exercise capability.

10.Indemnification

10.1 You agree to indemnify, defend and hold harmless the LLP and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third-party service providers or vendors (the "Indemnitees") from all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees, arising from any content you submit or transmit through the Services/Platform, your use of the Services/Platform, your connection to the Services, or your breach of these Terms of Use. We may, at our own expense, assume exclusive defense and control of any matter otherwise subject to indemnification, and you agree to cooperate fully in asserting any available defenses.

10.2 In no event shall the Indemnitees be liable to you or any third party for special, incidental, indirect, consequential or punitive damages arising from your use of or access to the Platform, Services, or Content, to the maximum extent permitted by applicable law.

10.3 To the fullest extent permitted by law, the Indemnitees' aggregate liability arising out of or in connection with these Terms of Use or the Services rendered, whether in contract, tort or otherwise, will not exceed the amount of actual fees charged to you.

10.4 If applicable law does not permit exclusion of certain warranties or limitation of liability, the scope of such exclusions and the LLP's liability shall be the minimum permitted under applicable law.

11.Termination

We may terminate these Terms of Use by providing notice, effective immediately upon delivery, or immediately without notice in the event of any breach by you. We may also terminate these Terms of Use, or your rights to use the Platform or Services, without notice, for any reason or no reason. Upon termination or expiration, the following survive: (i) provisions on ownership of intellectual property, Content and Images; (ii) indemnification; (iii) disclaimer of warranties; (iv) limitations of liability; and (v) consequences of improper conduct, fraud or abuse, and the provisions of this section.

Upon termination, we may delete all information related to you on the Services and bar your access to the Platform and Services.

12.Assignment

These Terms of Use may be assigned by the LLP to any affiliate, group company, partner, or other third party without notifying or obtaining prior consent from Users. Upon such assignment, the permitted assignee assumes all of the LLP's obligations, and the LLP is relieved of its responsibilities from the effective date of assignment.

13.Severability

If any part of these Terms of Use is determined to be invalid or unenforceable under applicable Indian law — including the warranty disclaimers and liability limitations above — the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches its original intent, and the remainder will continue in effect.

14.Notices

All notices from the LLP will be served by email to your registered email address, or by general notification on the Platform. Any notice to the LLP should be sent to support@nourishwithsim.com.

15.General

Unless otherwise specified, these Terms of Use constitute the entire agreement between you and the LLP regarding the Services, and supersede all previous written and oral agreements. The LLP's failure to act on a breach does not waive its right to act on subsequent or similar breaches.

16.Governing Law

These Terms of Use are governed by and construed in accordance with the applicable laws of India, without reference to conflict-of-laws principles. Any disputes arising in relation to, or under, these Terms of Use and the Privacy Policy are subject to the exclusive jurisdiction of the courts of Bengaluru.

17.Grievance Officer

In accordance with the Information Technology Act, 2000 and rules made thereunder, the Grievance Officer can be reached at: