Terms of Service

1. Acceptance of Terms

By accessing or using the KHARATE platform (kharate.com), including the website, assessment tools, content, and any related services (collectively, the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Platform.

These Terms constitute a legally binding agreement between you ("User," "you") and HealR Pvt Ltd ("Company," "we," "us," "our"), the entity that owns and operates KHARATE.

2. Description of Service

KHARATE provides an online kharate assessment tool, educational health content, and personalised recommendations related to kharate and sleep health. The Platform includes:

• An 11-question kharate level assessment based on clinically informed screening criteria
• Personalised kharate level scores and fix recommendations
• Educational content about kharate causes, remedies, and Sleep Apnea
• Communication services via WhatsApp Business API for user engagement

3. Medical Disclaimer

The kharate assessment results, scores, and recommendations provided through KHARATE are for informational and educational purposes only. They should not be interpreted as medical diagnoses. The Platform does not establish a doctor-patient relationship.

If you suspect you may have Sleep Apnea or any other medical condition, consult your doctor or an ENT specialist immediately. In case of a medical emergency, contact your local emergency services.

4. User Accounts

• You must be at least 18 years of age to create an account and use the Platform
• You are responsible for maintaining the confidentiality of your account credentials
• You agree to provide accurate and complete information during registration
• You are solely responsible for all activity that occurs under your account
• You must notify us immediately of any unauthorised use of your account

5. Acceptable Use

You agree not to:

• Use the Platform for any unlawful purpose or in violation of applicable laws
• Attempt to gain unauthorised access to any part of the Platform or its systems
• Reproduce, distribute, modify, or create derivative works from our content without written permission
• Use the Platform to transmit harmful, offensive, or misleading content
• Interfere with or disrupt the Platform's infrastructure or other users' experience
• Use automated tools, bots, or scrapers to access or collect data from the Platform
• Impersonate any person or entity, or misrepresent your affiliation with any entity

6. Intellectual Property

All content, trademarks, logos, designs, assessment methodologies, algorithms, text, graphics, and software on the Platform are the intellectual property of HealR Pvt Ltd or its licensors. This includes but is not limited to the KHARATE brand name, logo, assessment framework, and all original content.

You may not reproduce, distribute, modify, display, or otherwise use any of our intellectual property without prior written consent from HealR Pvt Ltd.

7. User-Generated Content

If you submit reviews, testimonials, feedback, or other content to the Platform, you grant HealR Pvt Ltd a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, modify, and display such content in connection with the Platform and our marketing activities.

You represent that you own or have the necessary rights to submit such content and that it does not violate any third-party rights.

8. Third-Party Services

The Platform may integrate with or link to third-party services, including WhatsApp Business API, analytics providers, and payment processors. Your use of such third-party services is subject to their respective terms and privacy policies. HealR Pvt Ltd is not responsible for the practices or content of third-party services.

9. Limitation of Liability

To the maximum extent permitted by applicable Indian law:

• HealR Pvt Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform
• We do not guarantee the accuracy, completeness, or reliability of assessment results or recommendations
• Our total liability for any claim arising from your use of the Platform shall not exceed the amount you have paid to us in the 12 months preceding the claim, or INR 5,000, whichever is greater
• We are not liable for any health outcomes resulting from actions taken based on Platform content or recommendations

10. Indemnification

You agree to indemnify, defend, and hold harmless HealR Pvt Ltd, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising from your use of the Platform, violation of these Terms, or infringement of any third-party rights.

11. Termination

We reserve the right to suspend or terminate your access to the Platform at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

You may terminate your account at any time by contacting us at help@kharate.com. Upon termination, your right to use the Platform ceases immediately, but certain provisions of these Terms (including Sections 6, 9, 10, and 12) shall survive.

12. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising from or relating to these Terms or the Platform shall be subject to the exclusive jurisdiction of the courts in New Delhi, India.

Before initiating legal proceedings, you agree to attempt to resolve disputes through good-faith negotiation. Either party may initiate mediation as a first step toward resolution.

13. Modifications to Terms

HealR Pvt Ltd reserves the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on the Platform with a revised "Last Updated" date. Your continued use of the Platform following such changes constitutes acceptance of the revised Terms.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

15. Contact Information

For questions about these Terms of Service, please contact:

HealR Pvt Ltd
Email: help@kharate.com
Website: kharate.com