Draft for legal review, not yet in force.

Terms of use

Astitva, a product of Velcro Ventures OPC Private Limited
Last updated: [date of publication]

These terms are the agreement between you and Velcro Ventures OPC Private Limited ("we", "us"), registered at [registered address], for using the Astitva app. The privacy policy, the community guidelines and the medical disclaimer are part of this agreement.

These terms are for the people who use the Astitva app. The practitioners you can book have their own agreement with us, the practitioner agreement, and use a separate app.

By making an account, you agree to these terms. If you do not agree, please do not use Astitva.

1. Who can use Astitva

• You must be 18 or over.
• The details you give must be true, including your name, date of birth and gender.
• One account for each person. Your account is for you alone, so keep your password to yourself. If you think someone else has used your account, write to [contact email].

2. What Astitva is, and what it is not

Astitva gives you something to read or listen to each day, a place to track how you feel, move and eat, a small peer circle, and a way to book sessions with practitioners and tests from home.

• It is not medical advice. It does not diagnose, treat or prescribe. Please read the medical disclaimer.
• It is not an emergency service. If you are in danger, or thinking about harming yourself, call Tele-MANAS on 14416 or 1-800-891-4416. It is free and open at any hour. In a medical emergency, call 112 or go to the nearest hospital.

3. Your account

• Your account is an email address and a password, with a profile: your first name and last name, your date of birth and your gender.
• If you forget your password, the app sends a 6-digit code to your email address.
• You can delete your account at any time, in the app, in the You tab, or through our account deletion page.
• If you break these terms or the community guidelines, or the law requires it, we may remove what you posted, and suspend or close your account. Where we can, we will tell you why, and you can ask us to look again.
• Where the law requires us to, we report offences to the authorities.

4. The circle

What you post is yours. You keep the rights to it. By posting, you allow us to store it, show it to people signed in to Astitva under your first name and initial, and take it down if it breaks the rules. We do not pay for it, and we do not use it outside Astitva without asking you.

Do not post anything that:

• belongs to someone else, and that you have no right to share;
• is obscene or pornographic, sexually exploits a child, or is harmful to a child;
• invades another person's privacy, including their bodily privacy;
• insults or harasses anyone because of their gender, or is racially or ethnically offensive;
• sets groups against each other on grounds of religion or caste, to stir up violence;
• promotes money laundering, gambling, or online games that are not allowed in India;
• infringes a copyright, trademark or other right;
• you know to be false, or that misleads people about where it came from;
• pretends to be someone else;
• threatens the unity, integrity, defence, security or sovereignty of India, its relations with other countries, or public order, or encourages a crime;
• carries a virus or code meant to damage a phone or computer;
• breaks any other law in force in India.

The community guidelines add the circle's own rules: no telling anyone what medicine to take, no blame, nothing that identifies anyone, nothing for sale.

How we moderate. We do not read posts before they appear. Anyone can report a post in the app. It is hidden from everyone at once, and a person decides whether to put it back or take it down. Anyone, including people who do not use Astitva, can ask us to take something down by writing to [takedown email]. The times we keep to are on our grievances and contact page.

Our role. For the circle, we are an intermediary under the Information Technology Act 2000: we host what members write, and we are not its author.

5. Sessions with practitioners (from [version])

Astitva connects you; the practitioner provides the session. Practitioners are independent professionals, not our employees. Before anyone is listed, we read their documents and check doctors and clinical psychologists against the official registers. Counsellors have no statutory register, and their profiles say counsellor. The practitioner is responsible for the care they give, and has agreed with us to keep what you tell them confidential. [for the lawyer: true only once every practitioner listed has agreed to the practitioner agreement itself, where this duty is written.]

• What practitioners may not do. Prescribe medicine through Astitva, ask you to pay outside it, or promise an outcome. If one does, please tell us.
• Price. Astitva sets one price and length for each kind of practitioner. You see the price before you book, and it is what you pay.
• Consent. The "Before you book" screen explains the session. When you agree, the time is recorded.
• Paying. You pay through Razorpay when you book. We hold the time for 15 minutes while you pay. The session is confirmed only when your payment comes through.
• If you cancel 12 hours or more before the start, you get a full refund.
• If you cancel less than 12 hours before the start, or do not attend, there is no refund. The practitioner is paid, because the time was kept for you.
• If the practitioner cancels, you get a full refund. If the practitioner does not come, raise a dispute, and you get a full refund once we confirm it.
• If something goes wrong, raise a dispute from the booking, at any time until 24 hours after the session ends. The practitioner's payment is held until then. We will come back to you within a day, read both sides, and decide: pay the practitioner, refund you, or split it. We tell you what we decided and why.
• Refunds go back to the way you paid, within 5 to 7 working days.
• Receipts. You get a receipt for each session, issued on the practitioner's behalf.

6. Tests from home (from [version])

Astitva connects you; [lab partner] collects and tests your sample; a clinician who works with us reads every result. The lab is responsible for the collection and the test, and the clinician for the reading.

• The price you see includes the test and the reading.
• Paying: [at collection, or online through Razorpay when you book, to confirm].
• Cancelling: [proposed: free until 12 hours before the collection slot, as for sessions; no refund once the sample has been collected].
• Your report is yours. When it comes in, the app tells you a clinician is reading it. You can open the numbers straight away if you want to, and the reading is added when it is written. You can download the report as a PDF.
• Results are never behind Plus.
• Book a panel for your partner's sample only with his agreement.

7. Astitva Plus (from [version])

• Today, the daily check-in and booking a session are free. Plus opens the whole library, every recording, and all of your history.
• Plus costs [price] a [month or year]. Google Play shows you the price before you buy.
• Google Play takes the payment, and Plus renews each [month or year] until you cancel.
• To cancel, open the Play Store app, then Payments and subscriptions. Plus stays open until the end of the period you have paid for.
• Refunds follow Google Play's refund policies. You can also write to us at [contact email].
• If the price changes, Google Play tells you before the new price applies.

8. What is in the app

The articles, reads, actions, recordings and illustrations in Astitva belong to us or are used with permission. They are for your own use. Please do not copy, sell or republish them.

Pieces that make a claim about bodies or medicines carry the label "Not yet checked by a doctor" until our gynaecologist partner has read them.

9. Using Astitva fairly

Please do not:

• try to reach anyone else's data or account;
• interfere with the app or our servers, or try to get round their security;
• use automated tools to copy content from Astitva;
• use Astitva to sell anything, or for anything unlawful.

10. Changes

We may add, change or remove parts of Astitva. When we change these terms, we tell you in the app before the change takes effect [proposed: at least 7 days before, unless the law requires a change sooner]. If you do not agree to a change, you can delete your account.

11. Our responsibility to you

• We work to keep Astitva accurate, available and safe. We cannot promise it will always be available or free of mistakes.
• Practitioners are responsible for their sessions. The lab is responsible for tests, and the clinician for readings. We are responsible for running the platform with care, checking practitioners before we list them, and handling payments, refunds and complaints as these terms say.
• We are not responsible for loss we could not reasonably have foreseen, or for problems caused by events outside our reasonable control.
• If we are responsible for a loss, our total liability to you is limited to [proposed: the amount you paid Astitva in the 12 months before the claim].
• Nothing in these terms takes away your rights under the Consumer Protection Act 2019, or any other right the law does not allow to be limited.

12. Ending this agreement

You can stop using Astitva and delete your account at any time. We may suspend or close your account for serious or repeated breaches of these terms, or when the law requires it. If we ever close Astitva, we will tell you at least [proposed: 30 days] before, and explain how to ask for a copy of your data.

13. Law and disputes

These terms are governed by the laws of India. The courts at [city] have jurisdiction, and you can also go to a consumer commission. Before going to court, please write to our grievance officer. Most problems can be put right that way.

14. Contact

• Email: [contact email]
• Grievance officer: [grievance officer's name], [grievance email], [phone number]
• Takedown requests: [takedown email]
• Velcro Ventures OPC Private Limited, [registered address]