These terms of use (“Terms of Use”)mandate the terms on which the users access and register on the ‘Areno’ website, m-web and mobile application (collectively referred to as “Platform” or “Areno”), operated by Areno Innovations Private Limited (hereinafter referred to as “We” or “Our” or “Us” or “Company”), and the Platform Services (as defined below), provided through the Platform.
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read the Terms of Use and Privacy Policy (together hereinafter referred to as “Agreement”) carefully before using or registering on the Platform or accessing any material, information or Platform Services through the Platform. Your access to or use of the Platform (even when You do not avail of or provide any services on the Platform) or participation or availing any of the Platform Services shall signify Your acceptance of the Terms of Use and Privacy Policy and Your agreement to be legally bound by the same. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with the Platform for other services.
Applicability:
These Terms of Use applies to all the users of the Platform including:
An individual who accesses and registers on the Platform and/or participates in any challenge and/or performs any skill on the Platform (“End-User”, “You”, “Your”, “User” or “Users”); or
Otherwise a user or visitor of the Platform (“You”, “Your”, “User” or “Users”).
Any supplier of goods / services (whether an individual, professional or an entity, or similar institution) on the Platform, directly or indirectly, including designated / authorised associates, employees, partners and practitioners thereof (“Partner”, “You”, “Your”, “User” or “Users”);
Usage of Areno:
Any user accessing Areno for participating in the various challenges, contests and games, available on Areno shall be bound by these Terms and Conditions, and all other rules, regulations and terms of use referred to herein or provided by Areno in relation to any service on the Platform.
We shall be entitled to modify these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by us in relation to any of our services, at any time, by posting the same on Areno. Use of Areno constitutes the User's acceptance of such Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Areno in relation to any Areno Services, as may be amended from time to time. Areno may, at its sole discretion, also notify the User of any change or modification in these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Areno, by way of sending an email to the User's registered email address or posting notifications in the User accounts. The User may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Areno. If such options are not exercised by the User within the time frame prescribed in the email or notification, the User will be deemed to have accepted the modified Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Areno
Certain Areno Services being provided on Areno may be subject to additional rules and regulations set down in that respect. To the extent that these Terms and Conditions are inconsistent with the additional conditions set down, the additional conditions shall prevail
Areno may, at its sole and absolute discretion:
Establish general practices and limits concerning use of Areno Platform;
Change, suspend, or discontinue all or any part of the Areno Platform Services;
Move or remove any content that is available on Areno Platform;
Restrict, suspend, or terminate any User's access to all or any part of Areno or Areno Platform Services;
Reject, move, or remove any material that may be submitted by a User;
Deactivate or delete a User's account and all related information and files on the account;
Offer discounts to its users in form it deems fit.
Assign its rights and liabilities to all User accounts hereunder to any entity (post such assignment intimation of such assignment shall be sent to all Users to their registered email ids)
In the event any User breaches, or Areno reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used Areno or the Areno Services, Areno may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User's access to all or any part of Areno Challenges or the Areno Platform, deactivate or delete the User's account and all related information on the account, delete any content posted by the User on Areno and further, take technical and legal steps as it deems necessary
If Areno charges its Users a platform fee in respect of any Areno Services, Areno shall, without delay, repay such platform fee in the event of suspension or removal of the User's account or Areno Services on account of any negligence or deficiency on the part of Areno, but not if such suspension or removal is effected due to:
any breach or inadequate performance by the User of any of these Terms and Conditions; or
any circumstances beyond the reasonable control of Areno.
Users consent to receiving communications such as transactional messages, mobile app notifications, announcements, administrative messages and advertisements from Areno or any of its partners, licensors or associates.
Areno app is fully compatible on Android 9 / iOS 14 and above devices. In case user installs the Android/iOS app on a lower version device, then Areno will not be held responsible for the performance of the app.
Intellectual Property
Areno includes a combination of content created by Areno, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights ("Intellectual Property Rights") in all software underlying Areno and the Areno Platform and material published on Areno, including (but not limited to) challenges, workouts, games, competitions, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, is owned by Areno, its partners, licensors and/or associates. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on Areno either in whole or in part without express written license from Areno.
Users may request permission to use any Areno content by writing in to Areno customer support.
Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on Areno ("Users' Content"). Each User represents and warrants that he/she owns all Intellectual Property Rights in the User's Content and that no part of the User's Content infringes any third party rights. Users further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on Areno. Users agree to indemnify and hold harmless Areno, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Areno, by such User or through the User's commissions or omissions
Users hereby grant to Areno and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users' Content for any of the following purposes:
displaying Users' Content on Areno
distributing Users' Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it, and/or
storing Users' Content in a remote database accessible by end users
This license shall apply to the distribution and the storage of Users' Content in any form, medium, or technology.
All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Areno(s) belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to Areno.
Third Party Sites, Services and Products
Areno may contain links to other Internet sites owned and operated by third parties. Users' use of each of those sites is subject to the conditions, if any, posted by the sites. Areno does not exercise control over any Internet sites or mobile app apart from Areno and cannot be held responsible for any content residing in any third-party Internet site. Areno's inclusion of third-party content or links to third-party Internet sites is not an endorsement by Areno of such third-party Internet site.
Users' correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users' correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that Areno will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.
Areno contains content that is created by Areno as well as content provided by third parties. Areno does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not be relied upon by the Users in utilizing the Areno Services provided on Areno including while participating in any of the challenges hosted on Areno.
User Conduct
Users agree to abide by these Terms and Conditions and all other rules, regulations and terms of use of the Website. In the event User does not abide by these Terms and Conditions and all other rules, regulations and terms of use, Areno may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:
restricting, suspending, or terminating any User's access to all or any part of Areno Services;
deactivating or deleting a User's account and all related information and files on the account. Any points or amount remaining unused in the User's account on the date of deactivation or deletion shall be allowed to be redeemed from Areno subject to a processing fee (if any) applicable on such redemptions as set out herein and any other conditions such as minimum points for redemption; or
refraining from awarding any points or rewards to such User; or
refraining from participation in challenges on Areno.
Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by Areno). Users further agree to update and keep updated their registration information
A User shall not register or operate more than one User account with Areno.
Users agree to ensure that they can receive all communication from Areno by marking e-mails or sending SMS messages from Areno as part of their "safe senders" list. Areno shall not be held liable if any e-mail/SMS remains unread by a User as a result of such e-mail getting delivered to the User's junk or spam folder.
A User shall only himself/herself perform the said workout as part of any challenge from his/her User account and not have anyone else perform workout on his/her behalf. This can lead to removal of all attempts for the specific challenge and/or disqualification from the specific challenge. Repeated offense of this nature can also lead to access to Areno being denied or blocked for this User account.
Any password issued by Areno to a User may not be revealed to anyone else. Users may not use anyone else's password. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify Areno of any unauthorized use of their passwords or accounts or any other breach of security.
Users agree to exit/log-out of their accounts at the end of each session. Areno shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
Users agree not to use cheats, exploits, automation, software, bots, recordings, hacks or any unauthorised third party software designed to modify or interfere with Areno Services and/or Areno experience or assist in such activity.
A User shall sync his/her steps and calories with Areno if he/she wishes to. But once the steps are synced, user will ensure that user has taken those steps himself/herself from his/her User account and not have anyone else take those steps on his/her behalf. Since we may reward users for taking more than a minimum number steps, any kind of fraud or cheating can lead to removal of all steps from Areno and withdrawal of rewards awarded for the same. Repeated offense of this nature can also lead to access to Areno being denied or blocked for this User account.
Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying Areno or Areno’s Services.
Users agree that without Areno's express written consent, they shall not modify or cause to be modified any files or software that are part of Areno's Services.
Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support Areno or the Areno’s Services (each a "Server"); or (b) the enjoyment of Areno Services by any other User or person.
Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt Areno Services or any other person's use or enjoyment of Areno Services.
Users shall not attempt to gain unauthorised access to the User accounts, Servers or networks connected to Areno Services by any means other than the User interface provided by Areno, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of Areno Services.
User shall not to publish any content that 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.
Without limiting the foregoing, Users agree not to use Areno for any of the following:
To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, Areno, any software, hardware, or telecommunications equipment;
To advertise, offer or sell any goods or services for any commercial purpose on Areno without the express written consent of Areno;
To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;
To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
To restrict or inhibit any other user from using and enjoying any public area within our sites;
To collect or store personal information about other Users;
To interfere with or disrupt Areno, servers, or networks;
To impersonate any person or entity, including, but not limited to, a representative of Areno, or falsely state or otherwise misrepresent User's affiliation with a person or entity;
To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Areno or to manipulate User's presence on Areno(s);
To take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
To engage in any illegal activities. You agree to use our official email, chat areas, official calling number, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.
To engage in any action that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation.
If a User chooses a username that, in Areno's considered opinion is obscene, indecent, abusive or that might subject Areno to public disparagement or scorn, or a name of any fitness or other personality, as the case may be, Areno reserves the right, without prior notice to the User, to restrict usage of such names, which in Areno’s opinion fall within any of the said categories and/or change such username and intimate the User or delete such username and account from Areno, deny such User access to Areno, or any combination of these options.
Unauthorized access to Areno is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access Areno by any means other than through the interface that is provided by Areno for use in accessing Areno. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.
Use of Areno is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit Areno's right to comply with governmental, court, and law-enforcement requests or requirements relating to Users' use of Areno.
Users may reach out to Areno through info@areno.in if the user has any concerns with regard to a challenge and/or competition within Forty Eight (48) hours of winner declaration for the concerned challenge.
Persons below the age of thirteen (13) years are not allowed to participate on any of the contests, games (by whatever name called) on the Areno Platform. The Users will have to disclose their real age at the time of getting access into the Areno Platform.
Areno may not be held responsible for any content contributed by Users on the Areno.
Performing workouts and participation in challenges on Areno
For workout / fitness practice, point or any kind of challenge, user must ensure that user is physically and medically fit to participate in the challenges. User must understand their physical and medical limits and do the workouts within the said limits. User agrees that participation in the challenges by their very nature, include certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries and/or any kind of losses. User hereby asserts that participation in the challenges is voluntary and that user knowingly assumes all such risks and hence hereby releases Areno or any third-party associates of all liability arising out of such aforementioned risks. Areno or any third-party associates do not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with or concerning the workouts or challenges. In addition to this clause, user also agrees to have read and understood the detailed Health Advisory by Areno.
User understands and agrees that based on their intensity, movements and certain other factors during a workout, a certain count or time duration may be ascertained through artificial intelligence, basis which Areno will qualify user’s streak and calculate user’s ranking / position for the challenge and display the same in the leader board on Areno. User’s participation in the challenge and enabling access to the camera of the device will automatically make user part of the leader board experience for point challenges and thereby user’s profile details including name, photo (if any), location, other details and user’s rank basis user’s participation in the challenge shall be visible to that specific user as well as to other users on Areno. Areno shall only be able to measure user’s workout only if user enables access to the camera of device. The workout measure is an approximate measure of count or time calculated basis user’s movements etc. and it is solely user’s responsibility to make sure that she/he participates in a manner and at an intensity level that is appropriate and suitable for the user. Relevant Partner, Areno and/or their third-party associates hereby disclaim any guarantees of exactness as to the accuracy, exactness, satisfaction from the results derived basis the artificial intelligence algorithm. We will not entertain any disputes arising out of the count / measure of workout displayed by Areno after the workout.
The leader board position / rank in case of a tie would be decided based on earlier date and time of attempt. Earlier the attempt, higher the rank in case of a tie.
Areno will not record audio and / or video of any and all workouts conducted using Areno.
User will be eligible to use Areno only when user fulfils the following conditions:
User has attained at least 13 (thirteen) years of age, and
User is competent to enter into a contract under the applicable laws. If user resides in a jurisdiction that restricts participation in games of skill leading to rewards because of gaming regulations, age or restricts the ability to enter into contracts such as these Terms of Use, user must abide by such laws. In this regard, the user, parent or guardian of individual violating the aforementioned conditions shall indemnify, defend and hold harmless Areno from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Areno that arise out of, result from, or maybe payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by such individuals pursuant to these Terms of Use;
In the event Areno or their business partner(s) run any offers or discounts subsequent to user’s participating in a challenge, neither Areno or their business partner(s) are obliged to offer user the benefits under such subsequent offers, however Areno or their business partner(s), as may be the case, may offer user benefits under subsequent offers at an additional fee. In addition to these terms, there are additional terms and conditions applicable on user under the specific offers, discounts and sales schemes/ campaigns.
In case the Areno app crashes or stops working, the user will be provided with additional attempts for the specific challenge.
Once user registers for a point challenge on Areno, there would be no refund of points provided to user.
In case of user registrations for point challenges, if Areno app does not work for any reason on user’s device during the entire period of challenge, user can write to info@areno.in. Upon investigation an appropriate step will be taken.
In case of any incorrect data / information / points displayed on the app during a challenge, Areno has the right to overwrite the same until the end date of challenge.
Points and Redemption
Areno is based upon a points system which is subject to change in future. Below would be the value and usage of points:
In Areno, the value of points in terms of local currency may vary based on country and voucher/product selected during redemption. E.g, in India, for certain kinds of cash vouchers, 10 pts is equivalent to INR 1. This value of points is subject to change by Areno at any point of time.
Every user would be awarded points upon registration. This awarding of free points during registration and the number of points to be awarded would vary based upon offers or any other conditions and can be discontinued by Areno at any point of time.
The points would also be awarded to users for building streaks, winning challenges, referring users and any other condition mentioned on the app or in any form of communication to user.
The points can be used for participation in any challenge as mentioned on that specific challenge details on Areno app. Points once used cannot be refunded back to user.
Transfer of points to another user account will not be permitted. This could change in future by Areno.
Points can be redeemed for cash vouchers, charity or any other voucher / goodies etc. as offered on Areno. Users cannot ask for redeeming points with cash / bank transfer or in any other form other than that being offered by Areno.
In Areno, you can also purchase points from our Shop section based on the mentioned number of points and for the value displayed in local currency. This is enabled through In-App purchase feature of Google Play Store or Apple App Store.
Any offer around awarding points or any other feature could be a limited period offer and can be discontinued by Areno without advance notice.
Subscription Plans
You may be offered paid subscription options, which could be monthly, quarterly, half yearly, annual, recurring subscription options. For the purposes of our weekly, monthly and yearly subscriptions, a week constitutes 7 calendar days, a month constitutes 30 calendar days and a year constitutes 365 calendar days.
Purchase and refund: Once a subscription plan is purchased, no refund would be provided for any reason.
Renewals: By purchasing a subscription you agree to an initial and recurring fee at the then - current subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription.
Cancellation: You may cancel your recurring subscription(s) at any time by going to your Profile and cancelling your subscription before the respective renewal date to avoid billing of the next period subscription fee to the Payment Detail you have provided. Refunds cannot be claimed for any partial-term subscription period.
Transfer: You may not rent, transfer, assign, commercially exploit, resell or sub-license subscription plan to any 3rd party including your family members.
Purchase of Areno Points
In Areno, you can purchase points from our Shop section based on the mentioned number of points and for the value displayed in local currency. This is enabled through In-App purchase feature of Google Play Store or Apple App Store. This is a one-time purchase and not a recurring purchase. The payments are handled by Google Play Store or Apple App Store and we are in no way liable for the payment method selected, payment declined or any issue related to payment. We are only responsible for adding points to your balance based on confirmation of payment received from Google Play Store or Apple App Store. These Areno points once purchased cannot be returned against any kind of payment refund.
Violation of the Terms of Use
You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Areno, for which monetary damages would be inadequate, and You consent to Areno obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that Areno obtaining may have at law or in equity. If Areno takes any legal action against You as a result of Your violation of these Terms of Use, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.
Governing Law
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Bangalore.
Report Abuse and Grievance Redressal
In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on Areno or if You wish to report a grievance regarding Areno or Areno Services, please report the same to the following e-mail id: info@areno.in
Please provide us with a detailed description of the complaint/grievance, and we will endeavour to resolve Your grievances within 15 (fifteen) days from the date of receipt of such grievance, or within such timeframe stipulated under applicable laws.
IP Infringement
If You believe the Platform or any of the Platform Services violates Your intellectual property, You must promptly notify the Company in writing at info@areno.in. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:
the intellectual property that You believe is being infringed;
the item that You think is infringing and include sufficient information about where the material is located on Areno;
a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
Your contact details, such as Your address, telephone number, and/or email;
a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
Your physical or electronic signature.
Communications
You hereby expressly agree to receive communications by way of SMS and/or e-mails from Areno relating to Areno Services provided through the Platform. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by e-mailing to info@areno.in. However, this may limit the extent of Platform Services that you can avail.
General Provisions
Notice: All notices from the Company will be served by email to Your registered email address or by general notification on Areno platform. Any notice provided to the Company pursuant to the Terms of Use should be sent to info@areno.in with subject line - Attention: TERMS OF USE.
Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. The Company’s rights under the Terms of Use are freely transferable by the Company to any third party without the requirement of seeking Your consent.
Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
Waiver: Any failure by the Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the Company of that provision or right.