Please read these terms carefully before you start to use the Marbles Products ( Website, App and EASE device) by Stimveda Neurosciences Private Limited. By using the Website and App, you are indicating that you accept these Terms and our Privacy Policy, and that you agree to abide by them. If you do not agree to these Terms, please refrain from using Marbles Products.
In order to become a User ("User" or "you") of the Website and to enjoy the services offered and features available on the Website ("Marbles Services"), you must read and accept all these Terms and the Privacy Policy. By browsing , accessing or using the Website or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to these Terms. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
We may modify these Terms from time to time without notice to reflect changes in market conditions affecting our business, changes in technology, changes in relevant laws and regulatory requirements and changes in our service offering. Such modification shall be effective upon posting by us on the Website. You agree to be bound by any changes to these Terms when you use the Marbles Services after any such modification is posted on the Website. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes.

1. INTERMEDIARY
An intermediary, including social media intermediary and significant social media intermediary, shall observe the following due diligence while discharging its duties, namely:—

(a) the intermediary shall prominently publish on its website, mobile based application or both, as the case may be, the rules and regulations, privacy policy and user agreement for access or usage of its computer resource by any person;

(b) the rules and regulations, privacy policy or user agreement of the intermediary shall inform the user of its computer resource not to host, display, upload, modify, publish, transmit, store, update or share any information that,—
(i) belongs to another person and to which the user does not have any right;
(ii) is defamatory, obscene, pornographic, paedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
(iii) is harmful to child;
(iv) infringes any patent, trademark, copyright or other proprietary rights;
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
(vii) impersonates another person;
(viii) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offense or prevents investigation of any offense or is insulting other nation;
(ix) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
(x) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;

(c) an intermediary shall periodically inform its users, at least once every year, that in case of non-compliance with rules and regulations, privacy policy or user agreement for access or usage of the computer resource of such intermediary, it has the right to terminate the access or usage rights of the users to the computer resource immediately or remove non-compliant information or both, as the case may be;

(d) an intermediary, on whose computer resource the information is stored, hosted or published, upon receiving actual knowledge in the form of an order by a court of competent jurisdiction or on being notified by the Appropriate Government or its agency under clause (b) of sub-section (3) of section 79 of the Act, shall not host, store or publish any unlawful information, which is prohibited under any law for the time being in force in relation to the interest of the sovereignty and integrity of India; security of the State; friendly relations with foreign States; public order; decency or morality; in relation to contempt of court; defamation; incitement to an offense relating to the above, or any information which is prohibited under any law for the time being in force: Provided that any notification made by the Appropriate Government or its agency in relation to any information which is prohibited under any law for the time being in force shall be issued by an authorized agency, as may be notified by the Appropriate Government

(e) Provided further that if any such information is hosted, stored or published, the intermediary shall remove or disable access to that information, as early as possible, but in no case later than thirty-six hours from the receipt of the court order or on being notified by the Appropriate Government or its agency, as the case may be: Provided also that the removal or disabling of access to any information, data or communication link within the categories of information specified under this clause, under clause (b) on a voluntary basis, or on the basis of grievances received under sub-rule (2) by such intermediary, shall not amount to a violation of the conditions of clauses (a) or (b) of sub-section (2) of section 79 of the Act; (e) the temporary or transient or intermediate storage of information automatically by an intermediary in a computer resource within its control as an intrinsic feature of that computer resource, involving no exercise of any human, automated or algorithmic editorial control for onward transmission or communication to another computer resource shall not amount to hosting, storing or publishing any information referred to under clause (d);

(f) the intermediary shall periodically, and at least once in a year, inform its users of its rules and regulations, privacy policy or user agreement or any change in the rules and regulations, privacy policy or user agreement, as the case may be;

(g) where upon receiving actual knowledge under clause (d), on a voluntary basis on violation of clause (b), or on the basis of grievances received under sub-rule (2), any information has been removed or access to which has been disabled, the intermediary shall, without vitiating the evidence in any manner, preserve such information and associated records for one hundred and eighty days for investigation purposes, or for such longer period as may be required by the court or by Government agencies who are lawfully authorised;

(h) where an intermediary collects information from a user for registration on the computer resource, it shall retain his information for a period of one hundred and eighty days after any cancellation or withdrawal of his registration, as the case may be;

(i) the intermediary shall take all reasonable measures to secure its computer resource and information contained therein following the reasonable security practices and procedures as prescribed in the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011;

(j) the intermediary shall, as soon as possible, but not later than seventy two hours of the receipt of an order, provide information under its control or possession, or assistance to the Government agency which is lawfully authorised for investigative or protective or cyber security activities, for the purposes of verification of identity, or for the prevention, detection, investigation, or prosecution, of offences under any law for the time being in force, or for cyber security incidents: Provided that any such order shall be in writing stating clearly the purpose of seeking information or assistance, as the case may be;

(k) the intermediary shall not knowingly deploy or install or modify technical configuration of computer resource or become party to any act that may change or has the potential to change the normal course of operation of the computer resource than what it is supposed to perform thereby circumventing any law for the time being in force: Provided that the intermediary may develop, produce, distribute or employ technological means for the purpose of performing the acts of securing the computer resource and information contained therein;

(l) the intermediary shall report cyber security incidents and share related information with the Indian Computer Emergency Response Team in accordance with the policies and procedures as mentioned in the Information Technology (The Indian Computer Emergency Response Team and Manner of Performing Functions and Duties) Rules, 2013.

2. USE OF THE WEBSITE

● Your use of the Website is governed by these Terms. We may at our absolute discretion refuse you access to the Website.
● You must be 18 years of age or over to use the Website.
● Use of the Website requires a connection to the Internet and appropriate telecommunication infrastructure. We are not liable for any costs you may incur from use of such.
● The Website may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by Marbles. Illegal and/or unauthorised use of the Website is prohibited. Appropriate legal action will be taken against you for any illegal or unauthorised use by you of the Website.
● We disclaim any and all responsibility in relation to any Marbles Services offered or made available on the Website to the maximum extent permitted by law. Neither Marbles nor its officers, employees or agents may be held liable whether in relation to contract, warranty, tort (including negligence), product liability, tax matters or any other form of liability for any claim, damage or loss, arising from or relating to the provision of Marbles Services accessed or agreed to be supplied in connection with the Website.

3. USER CONTENT GUIDELINES
● You are solely responsible for your conduct and any data that you submit, post or display on or via the Website. Marbles shall have no liability for conduct in relation to your use of our Website. Violations of these Terms may result in legal consequences prescribed by the applicable laws.
● The Website provides Users the facility to create, share and post content (together, "User Content"). Marbles claims no ownership rights over User Content created by you. Marbles has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the Website.
● Marbles takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts or sends through the Website. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.
● You agree not to post, store, transmit, create or share any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
(ii) may create a risk of any other loss or damage to any person or property;
(iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(iv) may constitute or contribute to a crime or tort;
(v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
(vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or
(vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Marbles reserves the right, but is not obligated, to reject and/or remove any User Content that Marbles believes, in its sole discretion, violates these provisions. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all Website therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

● In connection with your User Content, you affirm, represent and warrant the following: ○ Your User Content and your use thereof as contemplated by these Terms and the Website will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights. ○ To the extent that you use the Website for any commercial purpose and your User Content contains any copyrighted material that is not your original work or in which you do not otherwise own the copyright, you have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that User Content using the Website. ○ Marbles takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts, sends or otherwise makes available through the Website, whether directly or indirectly. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that Marbles is only acting a passive conduit for the distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.

4. CONTENT
● Other than personally identifiable information (otherwise referred to as "personal data" under applicable data protection legislation), which is covered under our Privacy Policy, any material you transmit or submit to the Website shall be considered non-confidential and non-proprietary.
● You understand that by supplying information via the submission of enquiries that you may have on the Website or otherwise, you are granting us an irrevocable non-exclusive license to use such information for any purpose in the course of offering our services.
● You are permitted to print and download limited extracts from the Website for your own personal use provided that: ○ Marbles's copyright and trademark notices appear in all copies. Our status (and that of any identifying contributors) as the authors of any material on the Website must always be acknowledged. ○ You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. ○ You must not use any part of the materials on the Website for commercial purposes without obtaining prior written consent to do so from us or our licensors.
● If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
● Marbles reserves the right to remove any User Content from the Website for any reason, without prior notice. User Content removed from the Website may continue to be stored by Marbles, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Marbles will not be liable to you for any modification, suspension, or discontinuation of the Website, or the loss of any User Content.

5. SUBSCRIPTION
● Auto-renewable subscriptions are available from the App Store for Marbles
● Payment will be charged to your account at confirmation of purchase and will automatically renew (at the duration/price selected) unless auto-renew is turned off at least 24 hrs before the end of the current period.
● Account will be charged for renewal within 24-hours prior to the end of the current period. ○ Current subscription may not be canceled during the active subscription period; however, you can manage your subscription and/or turn off auto-renewal by visiting your Marbles Account Settings after purchase.
○ Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable
○ You must not use any part of the materials on the Website for commercial purposes without obtaining prior written consent to do so from us or our licensors.
● If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
● Marbles reserves the right to remove any User Content from the Website for any reason, without prior notice. User Content removed from the Website may continue to be stored by Marbles, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Marbles will not be liable to you for any modification, suspension, or discontinuation of the Website, or the loss of any User Content.

6. END USER LICENSE AGREEMENT
● Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
● If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

7. PRIVACY AND SECURITY
● Your Personal Information is maintained by Marbles in electronic form on its equipment and the equipment of its employees. Such information may also be converted to physical form from time to time. Marbles takes all necessary precautions to protect your personal information both online and off-line and implements reasonable security practices and measures including certain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of Marbles business.
● No administrator at Marbles will know your password. You need to protect against unauthorized access to your password, your computer, and your mobile phone. Be sure to log off from the Website when finished. Marbles does not undertake any liability for any unauthorized use of your account and password. If you suspect any unauthorized use of your account, you must immediately notify Marbles by sending an email to hello@Marbles.co. You shall be liable to indemnify Marbles due to any loss suffered by it due to such unauthorized use of your account and password.
● Marbles makes all User information accessible to its employees, agents, or partners and third parties only on a need-to-know basis and binds its employees to strict confidentiality obligations.
● Marbles makes all User information accessible to its employees, agents, or partners and third parties only on a need-to-know basis and binds its employees to strict confidentiality obligations.
● Part of the functionality of the Marbles is assisting the Customers/ Clients/ Users access information relating to them. Marbles may, therefore, retain and submit all such records to the relevant users, or their Mental Health Care Professionals.
● Notwithstanding the above, Marbles is not responsible for the confidentiality, security, or distribution of your Personal Information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, Marbles shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of Marbles including but not limited to, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc.
● Marbles DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND Marbles WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

8. INTELLECTUAL PROPERTY
● The Website and Marbles Services contain intellectual property, which is the property of Marbles ("Marbles IP"). This includes, but is not limited to, copyrights, trade marks, information about technology, and other proprietary rights, and may be provided in the form of text, graphic, audio and video downloads, links or source codes. We retain the rights to the Marbles IP and reserve all rights in respect of same.
● Subject to these Terms, we grant you a non-exclusive, non-transferable, limited, revocable right to access and use the Website and Marbles IP and the material displayed thereon. However, no right, title or interest in any such materials or Marbles IP will be granted or transferred to you as a result of any permitted use of such materials.
● All materials incorporated in or accessible through the Website, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software and other content, and the compilation, collection, arrangement and assembly thereof (including the look and feel of the Website), are owned, controlled or licensed by Marbles, or by the original creators of such materials or their permitted licensors. Such materials may be used only for viewing the Website in the ordinary course or as a resource for using the Marbles Services through the Website. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-use, transmission, republication, downloading, display, posting, performance or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited.
● In respect of all content or material that you submit via the Website or otherwise: You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-license such rights; and
● The Marbles IP is provided by us on an "as is" basis, and we expressly disclaim, to the extent permitted by applicable law, any or all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any Marbles IP. To the extent permitted by applicable law, we exclude any or all responsibility and /or liability for any damages or loss of any kind whatsoever with respect to the Marbles IP whether any of the foregoing are, without limitation, indirect, incidental, special, punitive, consequential or of any other kind whatsoever.

9. INDEMNIFICATION
● You acknowledge and expressly agree that use of this web site is at your sole and own risk. You agree to defend, indemnify and hold Marbles, its affiliates and business partners as well as their respective directors, officers, trustees and employees harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these terms of use by you or users of your account, or in any way arising out of the use of this web site, including without limitation, the placement or transmission of any information or other materials on this web site by you or users of your account.
● By accepting these Terms, you agree to indemnify, keep us indemnified and otherwise hold harmless Marbles, its officers, employees, agents and other partners from any direct, indirect, incidental, special, consequential or exemplary damages, and all other losses, costs, changes, demands, proceedings, and actions, howsoever incurred by Marbles arising from any claims or legal proceedings which are brought or threatened against us by any person resulting from: (a) your use of the Website and Marbles Services; (b) unauthorized access to the Website and Marbles Services; or (c) any breach of these Terms by you or any other matter relating to the Website or Marbles Services.
● In the event that any of your enquiries submitted via the Website infringe any rights of any third party, you shall, at your own expense and at our discretion, either obtain the right to use such contribution or render such contribution free from infringement.

10. SUSPENSION & TERMINATION
● We will determine, in our discretion, whether there has been a breach of these Terms through your use of the Website or Marbles Services. When a breach of these terms has occurred, we may take such action as we deem to be appropriate.
● You agree that we may, with or without cause and/or prior notice take any or all of the following actions: ○ Immediate, temporary or permanent withdrawal of your right to use the Website or Marbles Services; ○ issue a warning to you; ○ legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administrative and legal costs resulting from the breach); ○ further legal action against you; and/or ○ disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
● Without limiting the foregoing, the following will lead to a termination by us of your use of the Marbles Services: (a) breaches or violations of these Terms or other incorporated Marbles agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) an express request by you; (d) suspicion of fraud; or (e) unexpected technical issues or problems.
● We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited and we may take any other action we reasonably deem appropriate.

11. DISCLAIMERS & LIMITATION OF LIABILITY
● To the extent permitted by law, we, our officers, employees, agents, directors and third parties connected to us hereby exclude: ○ all conditions, warranties and other terms which may otherwise be implied by statute, common law or the law of equity, including without limitation: ○ that the Website and Marbles Services are of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing; ○ that the Website and Marbles Services are of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing; ○ warranties as to privacy and security other than as stated in our Privacy Statement; ○ that you will be able to access or use the Website or Marbles Services at times or locations of your choosing; and ○ any warranties on the basis of oral or written information given by a Marbles representative. ○ any liability for any direct, indirect, consequential, special, incidental or exemplary loss or damage incurred by any user in connection with the Website and Marbles Services or in connection with their use, or results of the use of the Website and Marbles Services, any websites linked to them and any materials posted on them, including without limitation any liability for; loss of income or revenue loss of business, loss of profits or contracts, loss of anticipated savings, the use of money or opportunity, loss of data; loss of goodwill or reputation, wasted management, office time or personnel time, work stoppage, computer failure or malfunction, or any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. ○ Nothing in this Section affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. You understand and agree that although an Expert may be a Marbles therapist or other mental health professional, Marbles cannot predict or assess the competence of, or appropriateness, or verify the credentials of such Professional. Marbles disclaims any and all liability for any consultation and therapy services rendered by a Professional to you through the Website. You further acknowledge and agree that you take full responsibility for the decision to access a Professional through the Website and to continue to interact with such individual(s), and that the role of Marbles is strictly limited to providing access to such Professionals to you.

12. GOVERNING LAW
This Agreement shall be governed by the Laws of India, and the Courts of New Delhi shall have exclusive jurisdiction with respect to any dispute arising hereunder.

13. MISCELLANEOUS PROVISIONS
Survival: In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by their nature should survive termination of these Terms will survive termination of these Terms, unless contrary to the pertinent provisions herein stated.
Severability: If any term or provision in these Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected.
Unenforceability: If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.
No Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).
No Refund on Plan Expiry: Marbles may have plans on it's portal which may allow the user to buy 'credits' in advance for ease in transaction or also gift session credits to other users. However, sometimes, these plans may carry an expiry term with them. Once the term of expiry is reached, the credits will no longer be usable. These plans or any plans of this nature are not refundable under any circumstance.

Please read these terms carefully before you start to use the Marbles Products ( Website, App and EASE device) by Stimveda Neurosciences Private Limited. By using the Website and App, you are indicating that you accept these Terms and our Privacy Policy, and that you agree to abide by them. If you do not agree to these Terms, please refrain from using Marbles Products.
In order to become a User ("User" or "you") of the Website and to enjoy the services offered and features available on the Website ("Marbles Services"), you must read and accept all these Terms and the Privacy Policy. By browsing , accessing or using the Website or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to these Terms. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
We may modify these Terms from time to time without notice to reflect changes in market conditions affecting our business, changes in technology, changes in relevant laws and regulatory requirements and changes in our service offering. Such modification shall be effective upon posting by us on the Website. You agree to be bound by any changes to these Terms when you use the Marbles Services after any such modification is posted on the Website. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes.

1. INTERMEDIARY
An intermediary, including social media intermediary and significant social media intermediary, shall observe the following due diligence while discharging its duties, namely:

(a) the intermediary shall prominently publish on its website, mobile based application or both, as the case may be, the rules and regulations, privacy policy and user agreement for access or usage of its computer resource by any person;

(b) the rules and regulations, privacy policy or user agreement of the intermediary shall inform the user of its computer resource not to host, display, upload, modify, publish, transmit, store, update or share any information that,—
(i) belongs to another person and to which the user does not have any right;
(ii) is defamatory, obscene, pornographic, paedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
(iii) is harmful to child;
(iv) infringes any patent, trademark, copyright or other proprietary rights;
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
(vii) impersonates another person;
(viii) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offense or prevents investigation of any offense or is insulting other nation;
(ix) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
(x) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;

(c) an intermediary shall periodically inform its users, at least once every year, that in case of non-compliance with rules and regulations, privacy policy or user agreement for access or usage of the computer resource of such intermediary, it has the right to terminate the access or usage rights of the users to the computer resource immediately or remove non-compliant information or both, as the case may be;

(d) an intermediary, on whose computer resource the information is stored, hosted or published, upon receiving actual knowledge in the form of an order by a court of competent jurisdiction or on being notified by the Appropriate Government or its agency under clause (b) of sub-section (3) of section 79 of the Act, shall not host, store or publish any unlawful information, which is prohibited under any law for the time being in force in relation to the interest of the sovereignty and integrity of India; security of the State; friendly relations with foreign States; public order; decency or morality; in relation to contempt of court; defamation; incitement to an offense relating to the above, or any information which is prohibited under any law for the time being in force: Provided that any notification made by the Appropriate Government or its agency in relation to any information which is prohibited under any law for the time being in force shall be issued by an authorized agency, as may be notified by the Appropriate Government

(e) Provided further that if any such information is hosted, stored or published, the intermediary shall remove or disable access to that information, as early as possible, but in no case later than thirty-six hours from the receipt of the court order or on being notified by the Appropriate Government or its agency, as the case may be: Provided also that the removal or disabling of access to any information, data or communication link within the categories of information specified under this clause, under clause (b) on a voluntary basis, or on the basis of grievances received under sub-rule (2) by such intermediary, shall not amount to a violation of the conditions of clauses (a) or (b) of sub-section (2) of section 79 of the Act; (e) the temporary or transient or intermediate storage of information automatically by an intermediary in a computer resource within its control as an intrinsic feature of that computer resource, involving no exercise of any human, automated or algorithmic editorial control for onward transmission or communication to another computer resource shall not amount to hosting, storing or publishing any information referred to under clause (d);

(f) the intermediary shall periodically, and at least once in a year, inform its users of its rules and regulations, privacy policy or user agreement or any change in the rules and regulations, privacy policy or user agreement, as the case may be;

(g) where upon receiving actual knowledge under clause (d), on a voluntary basis on violation of clause (b), or on the basis of grievances received under sub-rule (2), any information has been removed or access to which has been disabled, the intermediary shall, without vitiating the evidence in any manner, preserve such information and associated records for one hundred and eighty days for investigation purposes, or for such longer period as may be required by the court or by Government agencies who are lawfully authorised;

(h) where an intermediary collects information from a user for registration on the computer resource, it shall retain his information for a period of one hundred and eighty days after any cancellation or withdrawal of his registration, as the case may be;

(i) the intermediary shall take all reasonable measures to secure its computer resource and information contained therein following the reasonable security practices and procedures as prescribed in the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011;

(j) the intermediary shall, as soon as possible, but not later than seventy two hours of the receipt of an order, provide information under its control or possession, or assistance to the Government agency which is lawfully authorised for investigative or protective or cyber security activities, for the purposes of verification of identity, or for the prevention, detection, investigation, or prosecution, of offences under any law for the time being in force, or for cyber security incidents: Provided that any such order shall be in writing stating clearly the purpose of seeking information or assistance, as the case may be;

(k) the intermediary shall not knowingly deploy or install or modify technical configuration of computer resource or become party to any act that may change or has the potential to change the normal course of operation of the computer resource than what it is supposed to perform thereby circumventing any law for the time being in force: Provided that the intermediary may develop, produce, distribute or employ technological means for the purpose of performing the acts of securing the computer resource and information contained therein;

(l) the intermediary shall report cyber security incidents and share related information with the Indian Computer Emergency Response Team in accordance with the policies and procedures as mentioned in the Information Technology (The Indian Computer Emergency Response Team and Manner of Performing Functions and Duties) Rules, 2013.

2. USE OF THE WEBSITE

● Your use of the Website is governed by these Terms. We may at our absolute discretion refuse you access to the Website.
● You must be 18 years of age or over to use the Website.
● Use of the Website requires a connection to the Internet and appropriate telecommunication infrastructure. We are not liable for any costs you may incur from use of such.
● The Website may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by Marbles. Illegal and/or unauthorised use of the Website is prohibited. Appropriate legal action will be taken against you for any illegal or unauthorised use by you of the Website.
● We disclaim any and all responsibility in relation to any Marbles Services offered or made available on the Website to the maximum extent permitted by law. Neither Marbles nor its officers, employees or agents may be held liable whether in relation to contract, warranty, tort (including negligence), product liability, tax matters or any other form of liability for any claim, damage or loss, arising from or relating to the provision of Marbles Services accessed or agreed to be supplied in connection with the Website.

3. USER CONTENT GUIDELINES
● You are solely responsible for your conduct and any data that you submit, post or display on or via the Website. Marbles shall have no liability for conduct in relation to your use of our Website. Violations of these Terms may result in legal consequences prescribed by the applicable laws.
● The Website provides Users the facility to create, share and post content (together, "User Content"). Marbles claims no ownership rights over User Content created by you. Marbles has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the Website.
● Marbles takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts or sends through the Website. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.
● You agree not to post, store, transmit, create or share any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
(ii) may create a risk of any other loss or damage to any person or property;
(iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(iv) may constitute or contribute to a crime or tort;
(v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
(vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or
(vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Marbles reserves the right, but is not obligated, to reject and/or remove any User Content that Marbles believes, in its sole discretion, violates these provisions. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all Website therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

● In connection with your User Content, you affirm, represent and warrant the following: ○ Your User Content and your use thereof as contemplated by these Terms and the Website will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights. ○ To the extent that you use the Website for any commercial purpose and your User Content contains any copyrighted material that is not your original work or in which you do not otherwise own the copyright, you have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that User Content using the Website. ○ Marbles takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts, sends or otherwise makes available through the Website, whether directly or indirectly. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that Marbles is only acting a passive conduit for the distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.

4. CONTENT
● Other than personally identifiable information (otherwise referred to as "personal data" under applicable data protection legislation), which is covered under our Privacy Policy, any material you transmit or submit to the Website shall be considered non-confidential and non-proprietary.
● You understand that by supplying information via the submission of enquiries that you may have on the Website or otherwise, you are granting us an irrevocable non-exclusive license to use such information for any purpose in the course of offering our services.
● You are permitted to print and download limited extracts from the Website for your own personal use provided that: ○ Marbles's copyright and trademark notices appear in all copies. Our status (and that of any identifying contributors) as the authors of any material on the Website must always be acknowledged. ○ You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. ○ You must not use any part of the materials on the Website for commercial purposes without obtaining prior written consent to do so from us or our licensors.
● If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
● Marbles reserves the right to remove any User Content from the Website for any reason, without prior notice. User Content removed from the Website may continue to be stored by Marbles, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Marbles will not be liable to you for any modification, suspension, or discontinuation of the Website, or the loss of any User Content.

5. SUBSCRIPTION
● Auto-renewable subscriptions are available from the App Store for Marbles
● Payment will be charged to your account at confirmation of purchase and will automatically renew (at the duration/price selected) unless auto-renew is turned off at least 24 hrs before the end of the current period.
● Account will be charged for renewal within 24-hours prior to the end of the current period. ○ Current subscription may not be canceled during the active subscription period; however, you can manage your subscription and/or turn off auto-renewal by visiting your Marbles Account Settings after purchase.
○ Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable
○ You must not use any part of the materials on the Website for commercial purposes without obtaining prior written consent to do so from us or our licensors.
● If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
● Marbles reserves the right to remove any User Content from the Website for any reason, without prior notice. User Content removed from the Website may continue to be stored by Marbles, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Marbles will not be liable to you for any modification, suspension, or discontinuation of the Website, or the loss of any User Content.

6. END USER LICENSE AGREEMENT
● Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
● If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

7. PRIVACY AND SECURITY
● Your Personal Information is maintained by Marbles in electronic form on its equipment and the equipment of its employees. Such information may also be converted to physical form from time to time. Marbles takes all necessary precautions to protect your personal information both online and off-line and implements reasonable security practices and measures including certain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of Marbles business.
● No administrator at Marbles will know your password. You need to protect against unauthorized access to your password, your computer, and your mobile phone. Be sure to log off from the Website when finished. Marbles does not undertake any liability for any unauthorized use of your account and password. If you suspect any unauthorized use of your account, you must immediately notify Marbles by sending an email to hello@Marbles.co. You shall be liable to indemnify Marbles due to any loss suffered by it due to such unauthorized use of your account and password.
● Marbles makes all User information accessible to its employees, agents, or partners and third parties only on a need-to-know basis and binds its employees to strict confidentiality obligations.
● Marbles makes all User information accessible to its employees, agents, or partners and third parties only on a need-to-know basis and binds its employees to strict confidentiality obligations.
● Part of the functionality of the Marbles is assisting the Customers/ Clients/ Users access information relating to them. Marbles may, therefore, retain and submit all such records to the relevant users, or their Mental Health Care Professionals.
● Notwithstanding the above, Marbles is not responsible for the confidentiality, security, or distribution of your Personal Information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, Marbles shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of Marbles including but not limited to, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc.
● Marbles DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND Marbles WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

8. INTELLECTUAL PROPERTY
● The Website and Marbles Services contain intellectual property, which is the property of Marbles ("Marbles IP"). This includes, but is not limited to, copyrights, trade marks, information about technology, and other proprietary rights, and may be provided in the form of text, graphic, audio and video downloads, links or source codes. We retain the rights to the Marbles IP and reserve all rights in respect of same.
● Subject to these Terms, we grant you a non-exclusive, non-transferable, limited, revocable right to access and use the Website and Marbles IP and the material displayed thereon. However, no right, title or interest in any such materials or Marbles IP will be granted or transferred to you as a result of any permitted use of such materials.
● All materials incorporated in or accessible through the Website, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software and other content, and the compilation, collection, arrangement and assembly thereof (including the look and feel of the Website), are owned, controlled or licensed by Marbles, or by the original creators of such materials or their permitted licensors. Such materials may be used only for viewing the Website in the ordinary course or as a resource for using the Marbles Services through the Website. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-use, transmission, republication, downloading, display, posting, performance or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited.
● In respect of all content or material that you submit via the Website or otherwise: You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-license such rights; and
● The Marbles IP is provided by us on an "as is" basis, and we expressly disclaim, to the extent permitted by applicable law, any or all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any Marbles IP. To the extent permitted by applicable law, we exclude any or all responsibility and /or liability for any damages or loss of any kind whatsoever with respect to the Marbles IP whether any of the foregoing are, without limitation, indirect, incidental, special, punitive, consequential or of any other kind whatsoever.

9. INDEMNIFICATION
● You acknowledge and expressly agree that use of this web site is at your sole and own risk. You agree to defend, indemnify and hold Marbles, its affiliates and business partners as well as their respective directors, officers, trustees and employees harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these terms of use by you or users of your account, or in any way arising out of the use of this web site, including without limitation, the placement or transmission of any information or other materials on this web site by you or users of your account.
● By accepting these Terms, you agree to indemnify, keep us indemnified and otherwise hold harmless Marbles, its officers, employees, agents and other partners from any direct, indirect, incidental, special, consequential or exemplary damages, and all other losses, costs, changes, demands, proceedings, and actions, howsoever incurred by Marbles arising from any claims or legal proceedings which are brought or threatened against us by any person resulting from: (a) your use of the Website and Marbles Services; (b) unauthorized access to the Website and Marbles Services; or (c) any breach of these Terms by you or any other matter relating to the Website or Marbles Services.
● In the event that any of your enquiries submitted via the Website infringe any rights of any third party, you shall, at your own expense and at our discretion, either obtain the right to use such contribution or render such contribution free from infringement.

10. SUSPENSION & TERMINATION
● We will determine, in our discretion, whether there has been a breach of these Terms through your use of the Website or Marbles Services. When a breach of these terms has occurred, we may take such action as we deem to be appropriate.
● You agree that we may, with or without cause and/or prior notice take any or all of the following actions: ○ Immediate, temporary or permanent withdrawal of your right to use the Website or Marbles Services; ○ issue a warning to you; ○ legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administrative and legal costs resulting from the breach); ○ further legal action against you; and/or ○ disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
● Without limiting the foregoing, the following will lead to a termination by us of your use of the Marbles Services: (a) breaches or violations of these Terms or other incorporated Marbles agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) an express request by you; (d) suspicion of fraud; or (e) unexpected technical issues or problems.
● We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited and we may take any other action we reasonably deem appropriate.

11. DISCLAIMERS & LIMITATION OF LIABILITY
● To the extent permitted by law, we, our officers, employees, agents, directors and third parties connected to us hereby exclude: ○ all conditions, warranties and other terms which may otherwise be implied by statute, common law or the law of equity, including without limitation: ○ that the Website and Marbles Services are of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing; ○ that the Website and Marbles Services are of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing; ○ warranties as to privacy and security other than as stated in our Privacy Statement; ○ that you will be able to access or use the Website or Marbles Services at times or locations of your choosing; and ○ any warranties on the basis of oral or written information given by a Marbles representative. ○ any liability for any direct, indirect, consequential, special, incidental or exemplary loss or damage incurred by any user in connection with the Website and Marbles Services or in connection with their use, or results of the use of the Website and Marbles Services, any websites linked to them and any materials posted on them, including without limitation any liability for; loss of income or revenue loss of business, loss of profits or contracts, loss of anticipated savings, the use of money or opportunity, loss of data; loss of goodwill or reputation, wasted management, office time or personnel time, work stoppage, computer failure or malfunction, or any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. ○ Nothing in this Section affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. You understand and agree that although an Expert may be a Marbles therapist or other mental health professional, Marbles cannot predict or assess the competence of, or appropriateness, or verify the credentials of such Professional. Marbles disclaims any and all liability for any consultation and therapy services rendered by a Professional to you through the Website. You further acknowledge and agree that you take full responsibility for the decision to access a Professional through the Website and to continue to interact with such individual(s), and that the role of Marbles is strictly limited to providing access to such Professionals to you.

12. GOVERNING LAW
This Agreement shall be governed by the Laws of India, and the Courts of New Delhi shall have exclusive jurisdiction with respect to any dispute arising hereunder.

13. MISCELLANEOUS PROVISIONS
Survival: In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by their nature should survive termination of these Terms will survive termination of these Terms, unless contrary to the pertinent provisions herein stated.
Severability: If any term or provision in these Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected.
Unenforceability: If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.
No Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).
No Refund on Plan Expiry: Marbles may have plans on it's portal which may allow the user to buy 'credits' in advance for ease in transaction or also gift session credits to other users. However, sometimes, these plans may carry an expiry term with them. Once the term of expiry is reached, the credits will no longer be usable. These plans or any plans of this nature are not refundable under any circumstance.

Terms and Conditions

Terms and Conditions

Please read these terms carefully before you start to use the Marbles Products ( Website, App and EASE device) by Stimveda Neurosciences Private Limited. By using the Website and App, you are indicating that you accept these Terms and our Privacy Policy, and that you agree to abide by them. If you do not agree to these Terms, please refrain from using Marbles Products.
In order to become a User ("User" or "you") of the Website and to enjoy the services offered and features available on the Website ("Marbles Services"), you must read and accept all these Terms and the Privacy Policy. By browsing , accessing or using the Website or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to these Terms. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
We may modify these Terms from time to time without notice to reflect changes in market conditions affecting our business, changes in technology, changes in relevant laws and regulatory requirements and changes in our service offering. Such modification shall be effective upon posting by us on the Website. You agree to be bound by any changes to these Terms when you use the Marbles Services after any such modification is posted on the Website. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes.

1. INTERMEDIARY
An intermediary, including social media intermediary and significant social media intermediary, shall observe the following due diligence while discharging its duties, namely:—

(a) the intermediary shall prominently publish on its website, mobile based application or both, as the case may be, the rules and regulations, privacy policy and user agreement for access or usage of its computer resource by any person;

(b) the rules and regulations, privacy policy or user agreement of the intermediary shall inform the user of its computer resource not to host, display, upload, modify, publish, transmit, store, update or share any information that,—
(i) belongs to another person and to which the user does not have any right;
(ii) is defamatory, obscene, pornographic, paedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
(iii) is harmful to child;
(iv) infringes any patent, trademark, copyright or other proprietary rights;
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
(vii) impersonates another person;
(viii) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offense or prevents investigation of any offense or is insulting other nation;
(ix) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
(x) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;

(c) an intermediary shall periodically inform its users, at least once every year, that in case of non-compliance with rules and regulations, privacy policy or user agreement for access or usage of the computer resource of such intermediary, it has the right to terminate the access or usage rights of the users to the computer resource immediately or remove non-compliant information or both, as the case may be;

(d) an intermediary, on whose computer resource the information is stored, hosted or published, upon receiving actual knowledge in the form of an order by a court of competent jurisdiction or on being notified by the Appropriate Government or its agency under clause (b) of sub-section (3) of section 79 of the Act, shall not host, store or publish any unlawful information, which is prohibited under any law for the time being in force in relation to the interest of the sovereignty and integrity of India; security of the State; friendly relations with foreign States; public order; decency or morality; in relation to contempt of court; defamation; incitement to an offense relating to the above, or any information which is prohibited under any law for the time being in force: Provided that any notification made by the Appropriate Government or its agency in relation to any information which is prohibited under any law for the time being in force shall be issued by an authorized agency, as may be notified by the Appropriate Government

(e) Provided further that if any such information is hosted, stored or published, the intermediary shall remove or disable access to that information, as early as possible, but in no case later than thirty-six hours from the receipt of the court order or on being notified by the Appropriate Government or its agency, as the case may be: Provided also that the removal or disabling of access to any information, data or communication link within the categories of information specified under this clause, under clause (b) on a voluntary basis, or on the basis of grievances received under sub-rule (2) by such intermediary, shall not amount to a violation of the conditions of clauses (a) or (b) of sub-section (2) of section 79 of the Act; (e) the temporary or transient or intermediate storage of information automatically by an intermediary in a computer resource within its control as an intrinsic feature of that computer resource, involving no exercise of any human, automated or algorithmic editorial control for onward transmission or communication to another computer resource shall not amount to hosting, storing or publishing any information referred to under clause (d);

(f) the intermediary shall periodically, and at least once in a year, inform its users of its rules and regulations, privacy policy or user agreement or any change in the rules and regulations, privacy policy or user agreement, as the case may be;

(g) where upon receiving actual knowledge under clause (d), on a voluntary basis on violation of clause (b), or on the basis of grievances received under sub-rule (2), any information has been removed or access to which has been disabled, the intermediary shall, without vitiating the evidence in any manner, preserve such information and associated records for one hundred and eighty days for investigation purposes, or for such longer period as may be required by the court or by Government agencies who are lawfully authorised;

(h) where an intermediary collects information from a user for registration on the computer resource, it shall retain his information for a period of one hundred and eighty days after any cancellation or withdrawal of his registration, as the case may be;

(i) the intermediary shall take all reasonable measures to secure its computer resource and information contained therein following the reasonable security practices and procedures as prescribed in the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011;

(j) the intermediary shall, as soon as possible, but not later than seventy two hours of the receipt of an order, provide information under its control or possession, or assistance to the Government agency which is lawfully authorised for investigative or protective or cyber security activities, for the purposes of verification of identity, or for the prevention, detection, investigation, or prosecution, of offences under any law for the time being in force, or for cyber security incidents: Provided that any such order shall be in writing stating clearly the purpose of seeking information or assistance, as the case may be;

(k) the intermediary shall not knowingly deploy or install or modify technical configuration of computer resource or become party to any act that may change or has the potential to change the normal course of operation of the computer resource than what it is supposed to perform thereby circumventing any law for the time being in force: Provided that the intermediary may develop, produce, distribute or employ technological means for the purpose of performing the acts of securing the computer resource and information contained therein;

(l) the intermediary shall report cyber security incidents and share related information with the Indian Computer Emergency Response Team in accordance with the policies and procedures as mentioned in the Information Technology (The Indian Computer Emergency Response Team and Manner of Performing Functions and Duties) Rules, 2013.

2. USE OF THE WEBSITE

● Your use of the Website is governed by these Terms. We may at our absolute discretion refuse you access to the Website.
● You must be 18 years of age or over to use the Website.
● Use of the Website requires a connection to the Internet and appropriate telecommunication infrastructure. We are not liable for any costs you may incur from use of such.
● The Website may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by Marbles. Illegal and/or unauthorised use of the Website is prohibited. Appropriate legal action will be taken against you for any illegal or unauthorised use by you of the Website.
● We disclaim any and all responsibility in relation to any Marbles Services offered or made available on the Website to the maximum extent permitted by law. Neither Marbles nor its officers, employees or agents may be held liable whether in relation to contract, warranty, tort (including negligence), product liability, tax matters or any other form of liability for any claim, damage or loss, arising from or relating to the provision of Marbles Services accessed or agreed to be supplied in connection with the Website.

3. USER CONTENT GUIDELINES
● You are solely responsible for your conduct and any data that you submit, post or display on or via the Website. Marbles shall have no liability for conduct in relation to your use of our Website. Violations of these Terms may result in legal consequences prescribed by the applicable laws.
● The Website provides Users the facility to create, share and post content (together, "User Content"). Marbles claims no ownership rights over User Content created by you. Marbles has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the Website.
● Marbles takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts or sends through the Website. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.
● You agree not to post, store, transmit, create or share any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
(ii) may create a risk of any other loss or damage to any person or property;
(iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(iv) may constitute or contribute to a crime or tort;
(v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
(vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or
(vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Marbles reserves the right, but is not obligated, to reject and/or remove any User Content that Marbles believes, in its sole discretion, violates these provisions. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all Website therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

● In connection with your User Content, you affirm, represent and warrant the following: ○ Your User Content and your use thereof as contemplated by these Terms and the Website will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights. ○ To the extent that you use the Website for any commercial purpose and your User Content contains any copyrighted material that is not your original work or in which you do not otherwise own the copyright, you have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that User Content using the Website. ○ Marbles takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts, sends or otherwise makes available through the Website, whether directly or indirectly. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that Marbles is only acting a passive conduit for the distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.

4. CONTENT
● Other than personally identifiable information (otherwise referred to as "personal data" under applicable data protection legislation), which is covered under our Privacy Policy, any material you transmit or submit to the Website shall be considered non-confidential and non-proprietary.
● You understand that by supplying information via the submission of enquiries that you may have on the Website or otherwise, you are granting us an irrevocable non-exclusive license to use such information for any purpose in the course of offering our services.
● You are permitted to print and download limited extracts from the Website for your own personal use provided that: ○ Marbles's copyright and trademark notices appear in all copies. Our status (and that of any identifying contributors) as the authors of any material on the Website must always be acknowledged. ○ You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. ○ You must not use any part of the materials on the Website for commercial purposes without obtaining prior written consent to do so from us or our licensors.
● If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
● Marbles reserves the right to remove any User Content from the Website for any reason, without prior notice. User Content removed from the Website may continue to be stored by Marbles, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Marbles will not be liable to you for any modification, suspension, or discontinuation of the Website, or the loss of any User Content.

5. SUBSCRIPTION
● Auto-renewable subscriptions are available from the App Store for Marbles
● Payment will be charged to your account at confirmation of purchase and will automatically renew (at the duration/price selected) unless auto-renew is turned off at least 24 hrs before the end of the current period.
● Account will be charged for renewal within 24-hours prior to the end of the current period. ○ Current subscription may not be canceled during the active subscription period; however, you can manage your subscription and/or turn off auto-renewal by visiting your Marbles Account Settings after purchase.
○ Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable
○ You must not use any part of the materials on the Website for commercial purposes without obtaining prior written consent to do so from us or our licensors.
● If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
● Marbles reserves the right to remove any User Content from the Website for any reason, without prior notice. User Content removed from the Website may continue to be stored by Marbles, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Marbles will not be liable to you for any modification, suspension, or discontinuation of the Website, or the loss of any User Content.

6. END USER LICENSE AGREEMENT
● Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
● If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

7. PRIVACY AND SECURITY
● Your Personal Information is maintained by Marbles in electronic form on its equipment and the equipment of its employees. Such information may also be converted to physical form from time to time. Marbles takes all necessary precautions to protect your personal information both online and off-line and implements reasonable security practices and measures including certain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of Marbles business.
● No administrator at Marbles will know your password. You need to protect against unauthorized access to your password, your computer, and your mobile phone. Be sure to log off from the Website when finished. Marbles does not undertake any liability for any unauthorized use of your account and password. If you suspect any unauthorized use of your account, you must immediately notify Marbles by sending an email to hello@Marbles.co. You shall be liable to indemnify Marbles due to any loss suffered by it due to such unauthorized use of your account and password.
● Marbles makes all User information accessible to its employees, agents, or partners and third parties only on a need-to-know basis and binds its employees to strict confidentiality obligations.
● Marbles makes all User information accessible to its employees, agents, or partners and third parties only on a need-to-know basis and binds its employees to strict confidentiality obligations.
● Part of the functionality of the Marbles is assisting the Customers/ Clients/ Users access information relating to them. Marbles may, therefore, retain and submit all such records to the relevant users, or their Mental Health Care Professionals.
● Notwithstanding the above, Marbles is not responsible for the confidentiality, security, or distribution of your Personal Information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, Marbles shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of Marbles including but not limited to, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc.
● Marbles DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND Marbles WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

8. INTELLECTUAL PROPERTY
● The Website and Marbles Services contain intellectual property, which is the property of Marbles ("Marbles IP"). This includes, but is not limited to, copyrights, trade marks, information about technology, and other proprietary rights, and may be provided in the form of text, graphic, audio and video downloads, links or source codes. We retain the rights to the Marbles IP and reserve all rights in respect of same.
● Subject to these Terms, we grant you a non-exclusive, non-transferable, limited, revocable right to access and use the Website and Marbles IP and the material displayed thereon. However, no right, title or interest in any such materials or Marbles IP will be granted or transferred to you as a result of any permitted use of such materials.
● All materials incorporated in or accessible through the Website, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software and other content, and the compilation, collection, arrangement and assembly thereof (including the look and feel of the Website), are owned, controlled or licensed by Marbles, or by the original creators of such materials or their permitted licensors. Such materials may be used only for viewing the Website in the ordinary course or as a resource for using the Marbles Services through the Website. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-use, transmission, republication, downloading, display, posting, performance or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited.
● In respect of all content or material that you submit via the Website or otherwise: You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-license such rights; and
● The Marbles IP is provided by us on an "as is" basis, and we expressly disclaim, to the extent permitted by applicable law, any or all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any Marbles IP. To the extent permitted by applicable law, we exclude any or all responsibility and /or liability for any damages or loss of any kind whatsoever with respect to the Marbles IP whether any of the foregoing are, without limitation, indirect, incidental, special, punitive, consequential or of any other kind whatsoever.

9. INDEMNIFICATION
● You acknowledge and expressly agree that use of this web site is at your sole and own risk. You agree to defend, indemnify and hold Marbles, its affiliates and business partners as well as their respective directors, officers, trustees and employees harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these terms of use by you or users of your account, or in any way arising out of the use of this web site, including without limitation, the placement or transmission of any information or other materials on this web site by you or users of your account.
● By accepting these Terms, you agree to indemnify, keep us indemnified and otherwise hold harmless Marbles, its officers, employees, agents and other partners from any direct, indirect, incidental, special, consequential or exemplary damages, and all other losses, costs, changes, demands, proceedings, and actions, howsoever incurred by Marbles arising from any claims or legal proceedings which are brought or threatened against us by any person resulting from: (a) your use of the Website and Marbles Services; (b) unauthorized access to the Website and Marbles Services; or (c) any breach of these Terms by you or any other matter relating to the Website or Marbles Services.
● In the event that any of your enquiries submitted via the Website infringe any rights of any third party, you shall, at your own expense and at our discretion, either obtain the right to use such contribution or render such contribution free from infringement.

10. SUSPENSION & TERMINATION
● We will determine, in our discretion, whether there has been a breach of these Terms through your use of the Website or Marbles Services. When a breach of these terms has occurred, we may take such action as we deem to be appropriate.
● You agree that we may, with or without cause and/or prior notice take any or all of the following actions: ○ Immediate, temporary or permanent withdrawal of your right to use the Website or Marbles Services; ○ issue a warning to you; ○ legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administrative and legal costs resulting from the breach); ○ further legal action against you; and/or ○ disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
● Without limiting the foregoing, the following will lead to a termination by us of your use of the Marbles Services: (a) breaches or violations of these Terms or other incorporated Marbles agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) an express request by you; (d) suspicion of fraud; or (e) unexpected technical issues or problems.
● We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited and we may take any other action we reasonably deem appropriate.

11. DISCLAIMERS & LIMITATION OF LIABILITY
● To the extent permitted by law, we, our officers, employees, agents, directors and third parties connected to us hereby exclude: ○ all conditions, warranties and other terms which may otherwise be implied by statute, common law or the law of equity, including without limitation: ○ that the Website and Marbles Services are of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing; ○ that the Website and Marbles Services are of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing; ○ warranties as to privacy and security other than as stated in our Privacy Statement; ○ that you will be able to access or use the Website or Marbles Services at times or locations of your choosing; and ○ any warranties on the basis of oral or written information given by a Marbles representative. ○ any liability for any direct, indirect, consequential, special, incidental or exemplary loss or damage incurred by any user in connection with the Website and Marbles Services or in connection with their use, or results of the use of the Website and Marbles Services, any websites linked to them and any materials posted on them, including without limitation any liability for; loss of income or revenue loss of business, loss of profits or contracts, loss of anticipated savings, the use of money or opportunity, loss of data; loss of goodwill or reputation, wasted management, office time or personnel time, work stoppage, computer failure or malfunction, or any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. ○ Nothing in this Section affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. You understand and agree that although an Expert may be a Marbles therapist or other mental health professional, Marbles cannot predict or assess the competence of, or appropriateness, or verify the credentials of such Professional. Marbles disclaims any and all liability for any consultation and therapy services rendered by a Professional to you through the Website. You further acknowledge and agree that you take full responsibility for the decision to access a Professional through the Website and to continue to interact with such individual(s), and that the role of Marbles is strictly limited to providing access to such Professionals to you.

12. GOVERNING LAW
This Agreement shall be governed by the Laws of India, and the Courts of New Delhi shall have exclusive jurisdiction with respect to any dispute arising hereunder.

13. MISCELLANEOUS PROVISIONS
Survival: In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by their nature should survive termination of these Terms will survive termination of these Terms, unless contrary to the pertinent provisions herein stated.
Severability: If any term or provision in these Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected.
Unenforceability: If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.
No Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).
No Refund on Plan Expiry: Marbles may have plans on it's portal which may allow the user to buy 'credits' in advance for ease in transaction or also gift session credits to other users. However, sometimes, these plans may carry an expiry term with them. Once the term of expiry is reached, the credits will no longer be usable. These plans or any plans of this nature are not refundable under any circumstance.