Early - Terms and Conditions
Last Updated: 4th June, 2025
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE EARLY SERVICES. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS IS REQUIRED TO USE THE SERVICES.
1. INTRODUCTION AND ACCEPTANCE OF TERMS
● 1.1. Agreement: These Terms and Conditions ("Terms," "TnC," or "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and Earlyfit Health Private Limited, a company incorporated under the laws of India, having its registered office at G80, Lajpat Nagar-1, Delhi -110024("Early," "Company," "we," "us," "our").
●1.2. Scope: 1.2. Scope: These Terms govern your access to and use of the Early mobile application ("App"), any associated websiteand all related services, features, content, and functionalities offered by Early, including but not limited to our medically driven scientific weight loss program (collectively, the "Services").
● 1.3. Acceptance: By (i) clicking a box or button indicating your acceptance (e.g., "I Agree"), (ii) completing the Account registration process, or (iii) accessing or using any part of the Services, you signify your unconditional acceptance of and agreement to be bound by:
○ These Terms and Conditions.
○ Our Privacy Policy (available at https://www.early.fit/privacypolicy, hereinafter "Privacy Policy"), which is incorporated by reference into these Terms.
○ The "Key Consent Points" presented to you during onboarding, which summarize critical permissions you grant us.
○ Any other policies, guidelines, or specific service terms referenced herein or made available to you in connection with the Services.
● 1.4. If You Do Not Agree: IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THE PRIVACY POLICY, AND THE KEY CONSENT POINTS, YOU MUST NOT ACCESS OR USE THE SERVICES.
● 1.5. Capacity to Contract: By using the Services, you represent and warrant that you are at least eighteen (18) years of age, a resident of India, and have the legal capacity to enter into a binding contract with Early under Indian law.
2. THE EARLY SERVICES
● 2.1. Program Overview: Early provides a technology platform that offers a medically driven scientific weight loss program. The Services are designed to support users in achieving their health and weight management goals and may include:
○ Access to a dedicated Care Team, which may include affiliated doctors (holding MD or equivalent recognized medical qualifications), nutritionists/coaches, physical therapists, and psychologists ("Care Team").
○ Personalized weekly plans, including dietary guidance (intake calorie goals, macronutrient breakdown), exercise plans (calorie burn goals, workout goals, activity goals), and habit formation strategies.
○ Integration with compatible Continuous Glucose Monitors (CGMs), smart scales (which may be provided by Early), and third-party activity fitness trackers (e.g., via Apple HealthKit or Google Health Connect).
○ Features for logging meals, tracking nutritional intake, monitoring progress, and daily side-effect check-ins.
○ Teleconsultation services (audio, video, chat) for appointments and interactions with the Care Team.
○ Facilitation of e-prescriptions for medications, including but not limited to GLP-1 agonists (e.g., semaglutide, Mounjaro) or metformin, if deemed medically appropriate by an affiliated doctor.
○ Facilitation of diagnostic blood tests through partner laboratories.
○ Facilitation of medication ordering and delivery through partner e-pharmacies or local pharmacies, upon your explicit consent as part of your program enrollment.
○ Educational content, reminders (for water, appointments, medication, walking, logging weight/meals, etc.), and motivational support.
○ Features such as "My Metabolic Print," "My Care Circle," "My Plan," "My Progress," "My Weekly Habits," and "Your Journey."
● 2.2. Early's Role - Platform Facilitator:
○ Early primarily acts as a technology platform and an intermediary that facilitates your connection with qualified and licensed Care Team professionals. These professionals may be employees of Early, independent contractors, or affiliated with professional entities partnered with Early.
○ Medical advice, diagnoses, and prescriptions provided through the Services are rendered solely by the independent, licensed medical doctors affiliated with Early. Early, as a corporate entity, does not practice medicine or provide medical advice, diagnosis, or treatment. The doctor-patient relationship is established directly between you and the affiliated doctor in accordance with the Telemedicine Practice Guidelines, 2020, and other applicable medical regulations.
○ Nutritionists, coaches, physical therapists, and psychologists provide guidance and support within their respective professional scopes and competencies and do not provide medical diagnoses or prescriptions.
○ Early is not responsible for the professional advice, acts, or omissions of any Care Team member.
● 2.3. NO EMERGENCY SERVICES: THE SERVICES ARE NOT DESIGNED OR INTENDED FOR USE IN MEDICAL EMERGENCIES OR URGENT HEALTH SITUATIONS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY (SUCH AS, BUT NOT LIMITED TO, SEVERE CHEST PAIN, DIFFICULTY BREATHING, SUDDEN SEVERE HEADACHE, LOSS OF CONSCIOUSNESS, SIGNS OF A STROKE, SEVERE ALLERGIC REACTION, UNCONTROLLED BLEEDING, OR ANY OTHER ACUTE AND POTENTIALLY LIFE-THREATENING CONDITION), YOU MUST IMMEDIATELY CONTACT LOCAL EMERGENCY MEDICAL SERVICES (E.G., CALL 108 OR 112 IN INDIA) OR GO TO THE NEAREST HOSPITAL OR EMERGENCY ROOM. DO NOT DELAY SEEKING URGENT MEDICAL ATTENTION OR RELY ON THE EARLY APP OR CARE TEAM FOR EMERGENCY MEDICAL NEEDS.
● 2.4. User Responsibility for Program Success: You acknowledge and agree that the effectiveness of the Services and the achievement of your health goals are significantly dependent on your active participation, your commitment to adhering to the personalized plans and medical advice provided by the Care Team, and the truthfulness, accuracy, and completeness of the information you provide to Early and its Care Team.
● 2.5. Service Availability and Location: The Services are intended for use only by individuals residing in India. Early makes no representation that the Services are appropriate or available for use in other locations.
3. USER ACCOUNT AND ELIGIBILITY
● 3.1. Account Creation: To access and use most features of the Services, you must purchase a subscription plan and create an account ("Account") by completing the registration process via the App.
● 3.2. Eligibility Criteria: By creating an Account, you represent and warrant that:
○ You are at least eighteen (18) years of age.
○ You are a resident of India.
○ You are legally capable of entering into and forming a binding contract under the Indian Contract Act, 1872.
○ You are not a person barred from receiving the Services under the laws of India or other applicable jurisdictions.
○ You meet the medical eligibility criteria for the Early program, which will be assessed during the onboarding process. This assessment will involve a detailed medical questionnaire, review of any past medical records you provide, and may include an initial video consultation with an Early-affiliated doctor.
○ Contraindications: You understand that certain pre-existing medical conditions (including but not limited to Type 1 Diabetes, history of pancreatitis, medullary thyroid cancer or a family history of it, Multiple Endocrine Neoplasia syndrome type 2 (MEN 2), severe renal impairment (e.g., eGFR <30 ml/min/1.73m²), active eating disorders (e.g., anorexia nervosa, bulimia nervosa), current pregnancy, planning pregnancy, or breastfeeding) or other factors may render you ineligible for the program as a whole, or specifically for certain components thereof, such as prescription medications like GLP-1 agonists. The final determination of medical eligibility, especially concerning prescription medications, rests solely with the clinical judgment of the affiliated prescribing doctor.
● 3.3. Accuracy of Information: You agree to:
○ Provide true, accurate, current, and complete information about yourself as prompted by the registration form, onboarding questionnaires, and throughout your use of the Services, including your personal details, contact information, and comprehensive medical history ("Registration Data").
○ Maintain and promptly update your Registration Data to keep it true, accurate, current, and complete.
○ You acknowledge that providing false, inaccurate, outdated, or incomplete information may result in the suspension or termination of your Account, denial of Services, and may pose risks to your health and safety. Early and its Care Team rely on the accuracy of this information.
● 3.4. Account Security:
○ You are solely responsible for maintaining the confidentiality of your Account login credentials (username and password) and for all activities that occur under your Account, whether or not authorized by you.
○ You agree to choose a strong and unique password for your Account.
○ You agree to immediately notify Early at support@early.fit of any suspected or actual unauthorized use of your Account, password, or any other breach of security.
○ Early will not be liable for any loss or damage arising from your failure to comply with these security obligations.
● 3.5. Single Account: You may only create and maintain one Account for your personal use.
4. MEDICALLY DRIVEN PROGRAM & PRESCRIPTION MEDICATIONS
● 4.1. Personalized Approach: The Early program is designed to be personalized based on the information you provide and your interactions with the Care Team. This includes personalized diet plans, exercise recommendations, and lifestyle habit coaching.
● 4.2. Role of Prescription Medications (e.g., GLP-1 Agonists, Metformin):
○ You acknowledge that the Early program is medically supervised and, if deemed clinically appropriate by an Early-affiliated, licensed medical doctor after a thorough medical assessment and consultation, may involve the prescription of medications such as GLP-1 agonists (e.g., semaglutide, liraglutide, Mounjaro/tirzepatide) or metformin.
○ The decision to prescribe any medication, the choice of medication, dosage, and duration of treatment rests solely with the independent clinical judgment of the affiliated prescribing doctor, based on your individual health profile, medical history, assessment, and in accordance with applicable medical guidelines and regulations, including the Telemedicine Practice Guidelines, 2020.
○ Early does not endorse, promote, or guarantee the prescription of any specific medication.
● 4.3. Informed Consent for Medical Treatment and Prescription Medications:
○ Doctor's Responsibility: It is the sole responsibility of the affiliated prescribing doctor to provide you with comprehensive information about any proposed prescription medication. This information MUST include, but is not limited to:
■ The nature of the medication and its intended purpose.
■ Potential benefits and expected outcomes.
■ Common and serious potential side effects, risks, and adverse reactions.
■ Alternative treatment options, if any.
■ Dosage, administration instructions, and storage requirements.
■ What to do in case of missed doses.
■ Known contraindications and potential drug interactions.
■ Whether any proposed use is considered "off-label" (if applicable and permissible under Indian law and medical guidelines).
○ Your Informed Consent to Doctor: You must provide your explicit, informed consent directly to the prescribing doctor before any such medication is prescribed or treatment is initiated. This consent process is part of your direct doctor-patient relationship. While Early's platform facilitates communication, Early (the company) is not a party to this specific medical informed consent process between you and the doctor. Coaches or other non-medical Early staff may provide supportive information or reminders about medications as directed by the doctor, but they cannot obtain informed medical consent for prescriptions or provide medical advice regarding such prescriptions.
○ You agree to use any prescribed medications strictly as directed by the prescribing doctor and as indicated on the e-prescription.
● 4.4. Reporting Side Effects: You agree to promptly and accurately report any adverse effects, side effects, or concerns related to prescribed medications to your doctor and/or designated Care Team member through the App's daily side-effect check-in feature or other designated communication channels. This is crucial for your safety and for the proper management of your treatment.
● 4.5. Medication Adherence: The App includes features such as medication reminders to support your adherence to prescribed treatment. However, you are ultimately responsible for taking your medications as prescribed.
● 4.6. Pharmacovigilance: While Early does not currently have a formal internal pharmacovigilance system, any adverse drug reactions reported by you will be documented and brought to the attention of the prescribing doctor for appropriate medical follow-up and management. Doctors are expected to comply with their professional obligations regarding ADR reporting.
5. CARE TEAM AND TELECONSULTATIONS
● 5.1. Access and Composition: As part of the Services, you will have access to an affiliated Care Team. The specific composition of your Care Team may vary based on your plan and needs. Information regarding the general qualifications and experience of Care Team members (e.g., doctors holding MD or equivalent degrees, certified nutritionists) will be made available to you via the App or Website.
● 5.2. Teleconsultation Services: Interactions with the Care Team will primarily occur through teleconsultation methods, including secure in-App chat, audio calls, and video calls.
● 5.3. Consent to Teleconsultation: By accepting these Terms and using the Services, you explicitly consent to engaging in teleconsultations with the Care Team for the purpose of receiving health advice, medical consultations, therapy, coaching, and support as part of the Early program. This consent is obtained as part of your initial agreement to these Terms. You understand and agree that:
○ Teleconsultation involves the use of electronic information and communication technologies by a healthcare professional to deliver healthcare services, including the assessment, diagnosis (by doctors), and treatment of a patient at a distance.
○ Teleconsultations will be conducted in compliance with the Telemedicine Practice Guidelines, 2020, issued by the Board of Governors in supersession of the Medical Council of India (now National Medical Commission), and other applicable laws and regulations.
○ There are potential benefits to teleconsultation, such as convenience and improved access to care.
○ There are also potential limitations and risks, such as the absence of a direct physical examination (which can limit a doctor's diagnostic capability for certain conditions), potential for technical failures, delays due to connectivity issues, and security risks inherent in electronic communications (despite safeguards).
○ You have the right to withdraw your consent to teleconsultations at any time by notifying support@early.fit. However, withdrawing consent for teleconsultations may significantly limit or prevent your ability to continue with the Early program, as it is a core component of service delivery.
● 5.4. Professional Responsibility and Scope:
○ Each member of the Care Team is responsible for the advice and services they provide within their respective scope of practice, licensure, and professional competence.
○ Affiliated doctors are responsible for establishing a doctor-patient relationship, exercising their independent professional judgment, making medical diagnoses, prescribing medications (where appropriate and permissible via telemedicine), and managing your medical care within the program.
○ Nutritionists, coaches, physical therapists, and psychologists provide guidance, support, education, and interventions within their non-medical professional domains.
● 5.5. User Conduct with Care Team: You agree to interact with all members of the Care Team respectfully, honestly, and cooperatively. You agree to provide them with accurate and complete information necessary for them to render their services effectively and safely.
6. DATA, PRIVACY, AND DEVICE INTEGRATIONS
● 6.1. Privacy Policy: Your privacy is of utmost importance to us. Our comprehensive Privacy Policy (available at https://www.early.fit/privacypolicydetails how we collect, use, process, store, share, and protect your Personal Information, including your Sensitive Personal Data or Information (SPDI) such as health data. The Privacy Policy is an integral and binding part of these Terms. Please review it carefully.
● 6.2. Consent to Data Practices: By accepting these Terms and the "Key Consent Points" during onboarding, you provide your explicit consent to Early for the collection, use, processing, storage, and disclosure of your Personal Information (including SPDI) as described in our Privacy Policy and these Terms, for all purposes necessary for the provision, management, and improvement of the Services. This single, comprehensive consent obtained at sign-up covers all data processing activities detailed in the Privacy Policy that are integral to your participation in the Early program, including the use of health data, data from connected devices, information for teleconsultations, and data for e-prescriptions facilitated through the platform.
● 6.3. Device Integrations (CGM, Smart Scale, Fitness Trackers):
○ The Services are designed to integrate with compatible CGMs, the Early smart scale (if provided), and various third-party fitness trackers and health platforms (e.g., Apple HealthKit, Google Health Connect).
○ By choosing to connect any such device or platform to the Early App, you explicitly consent to Early accessing, collecting, processing, storing, and displaying the data received from these sources within the App for the purposes of the program (e.g., tracking progress, personalizing plans, providing insights to you and your Care Team). This consent is granted for the duration of your program and use of such integrations.
○ You are responsible for managing your device connections and understanding the data sharing permissions you grant both to Early and to the respective third-party device/platform providers (whose own terms and privacy policies will also apply).
○ Early is not responsible for the accuracy, functionality, data security, or privacy practices of any third-party devices or platforms. Data obtained from such third-party sources is presented within the Early App for your information and to support your program but should be interpreted with caution and in consultation with your Care Team. Early disclaims any liability arising from your use of or reliance on such third-party devices, platforms, or the data they provide.
○ The smart scale provided by Early is intended for personal wellness tracking and monitoring of body composition metrics. It is not a diagnostic medical device and should not be used for self-diagnosis or to make medical treatment decisions independently. Data from the smart scale should be discussed with your Care Team.
7. FACILITATION OF DIAGNOSTIC TESTS AND MEDICATION ORDERS
● 7.1. User Authorization for Facilitation: As an integral part of your participation in the Early program, and by accepting these Terms and the "Key Consent Points," you provide a one-time authorization to Early to act on your behalf, for the duration of your active program subscription, to:
○ a) Schedule and facilitate necessary diagnostic blood tests with our designated third-party NABL-accredited (or equivalent) laboratory partners.
○ b) Place orders for medications that have been prescribed to you by an Early-affiliated doctor with licensed third-party e-pharmacies or local pharmacies.
● 7.2. Consent for Data Sharing for Facilitation: Your agreement to these Terms and the "Key Consent Points" constitutes your explicit consent for Early to:
○ Share your necessary Personal Information (name, age, gender, contact details), health information (including test requisitions prepared by affiliated doctors containing relevant medical details), and/or e-prescriptions with the relevant laboratory partners or pharmacies for the purpose of arranging these tests or medication deliveries.
○ Communicate with these third-party service providers on your behalf to coordinate scheduling, ordering, payment (where applicable, if routed through Early), and delivery.
● 7.3. Third-Party Responsibility and Relationship:
○ Laboratory partners are independent entities solely responsible for the collection of samples, the conduct of tests, ensuring the accuracy and quality of test results, and their own data handling and privacy practices.
○ Pharmacies are independent entities solely responsible for verifying prescriptions, dispensing medications accurately, adhering to all pharmacy laws and regulations, managing medication delivery, and their own data handling and privacy practices.
○ Early acts solely as a facilitator to simplify these processes for you. Early is not liable for the services, actions, omissions, errors, or data practices of these third-party laboratories or pharmacies. Your direct relationship for the actual testing services or medication purchase and dispensing is with the respective third-party provider. Early will endeavor to partner with reputable and compliant service providers.
● 7.4. Accuracy of Information for Facilitation: You are responsible for providing and maintaining accurate and up-to-date information required for these facilitation services, including your correct name, contact number, and complete delivery address. Early will not be liable for failures or errors in service due to inaccurate information provided by you.
8. INFORMATION PROVIDED ORALLY (E.G., OVER CALLS)
● 8.1. Collection and Use: You acknowledge that in the course of providing the Services, Early staff or Care Team members may collect Personal Information and SPDI from you over telephone or video calls. You understand that these calls may not always be recorded. By accepting these Terms, you consent to the collection and use of such orally provided information for the purposes outlined in our Privacy Policy and as necessary for providing the Services to you.
● 8.2. User Responsibility for Accuracy: You are solely responsible for the accuracy, truthfulness, and completeness of any information you provide orally during such calls. You agree to make your best efforts to ensure that all information shared is correct and not misleading.
● 8.3. Disclaimer of Liability for Oral Information: Early and its Care Team rely on the information you provide, whether in writing or orally. Early shall not be liable for any adverse outcomes, errors in judgment, deficiencies in Service, or health consequences resulting from incorrect, incomplete, or misleading information provided by you orally. While our team members will endeavor to capture orally provided information accurately, the responsibility for the veracity and completeness of the information shared ultimately rests with you. You acknowledge that in the absence of call recordings, verifying the precise details of orally communicated information can be challenging, and you agree to hold Early harmless for discrepancies arising from such orally communicated information where Early and its Care Team have acted in good faith based on their understanding of that communication. Early may, at its discretion and where feasible, attempt to confirm key orally provided information through other means (e.g., a summary in an App message or email), and you agree to promptly review and correct any inaccuracies in such confirmations.
9. PAYMENTS, SUBSCRIPTIONS, CANCELLATIONS, AND REFUNDS
● 9.1. Subscription Fees: Access to the Services is subject to the purchase of a subscription plan. You agree to pay all applicable fees for the plan you select, as displayed at the time of purchase or as subsequently communicated to you for renewals or changes. All fees are quoted in Indian Rupees (INR) and are inclusive of applicable Goods and Services Tax (GST) and other statutory levies, unless stated otherwise.
● 9.2. Payment Authorization: You authorize Early and its designated third-party payment processors (e.g., Razorpay, Cashfree Payments) to charge your selected payment method (e.g., credit card, debit card, net banking, UPI) for the subscription fees. You represent and warrant that you are authorized to use the chosen payment method and that the payment information you provide is true, accurate, and complete.
● 9.3. Subscription Term and Renewal: Your subscription will be for the term specified in your selected plan (e.g., monthly, quarterly, annually). Details regarding any automatic renewal of your subscription will be clearly communicated to you at the time of purchase or before any such renewal occurs. You will have the option to cancel auto-renewal according to the terms provided.
● 9.4. Cancellation and Refund Policy:
○ Eligibility for Cancellation and Refund: You may be eligible to cancel your subscription and request a refund only under the following specific circumstance:
■ If, following your initial medical assessment by an Early-affiliated doctor as part of the onboarding process, it is determined by that doctor that you are not medically eligible for the GLP-1 medication component of the Early program, AND you consequently choose to discontinue the entire Early program for this reason.
○ Refund Amount Calculation: If you are eligible for a refund under the condition stated above, the refund amount will be calculated as the total subscription fee paid by you, less any direct, non-recoverable costs already incurred by Early in setting up your program up to the point of cancellation. These deductible costs may include, but are not limited to:
■ The actual cost of any diagnostic blood tests already conducted or irrevocably scheduled and paid for.
■ The cost of the smart scale if it has been shipped to you (this cost will be specified).
■ Fees for any initial consultations (e.g., with nutritionists or coaches) or doctor consultations that have already been rendered. The specific amounts to be deducted will be communicated to you transparently at the time your refund request is processed.
○ No Other Refunds: Except as explicitly stated in this Section 9.4, all subscription fees are non-refundable. No refunds or credits will be provided for:
■ Partial use of the Services or unused portions of your subscription term.
■ If you choose to discontinue the program for reasons other than the specific medical ineligibility for GLP-1 medication as determined by an Early-affiliated doctor and communicated to Early.
■ Dissatisfaction with program results, as outcomes are individual and not guaranteed.
○ Process for Requesting Cancellation and Refund: To request a cancellation and potential refund under the eligible condition, you must contact Early customer support at support@early.fit within 7 days of being informed by the Early-affiliated doctor of your ineligibility for the GLP-1 medication component. You may need to provide documentation or confirmation from the doctor.
○ Refund Processing Time: Approved refunds will typically be processed within 30 working days from the date of approval and will be credited to the original payment method used for the purchase, where feasible.
● 9.5. Changes to Fees and Plans: Early reserves the right to change its subscription plans, fees, or billing methods at any time. We will provide you with reasonable advance notice (e.g., at least 30 days) of any such changes that may affect your existing subscription, typically before your next renewal period.
● 9.6. Invoices: Invoices for your subscription payments will be made available to you electronically via the App or email, as per applicable GST regulations.
10. INTELLECTUAL PROPERTY RIGHTS
● 10.1. Early's Intellectual Property: All rights, title, and interest in and to the Services, including the App, Website, their overall design, "look and feel," text, graphics, images, videos, audio, software, source code, object code, algorithms (including the methodology behind "My Metabolic Print" if proprietary), databases, all content created or provided by Early or its licensors (excluding User Content as defined below), and all associated intellectual property rights (including but not limited to copyrights, trademarks, service marks, patents, trade secrets, and database rights) are and will remain the exclusive property of Early and/or its licensors. These Terms do not grant you any right, title, or interest in or to Early's intellectual property, except for the limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use in accordance with these Terms. You are not permitted to use Early's trademarks, logos, domain names, or other distinctive brand features without our prior written consent.
● 10.2. User Content: You retain all ownership rights to the Personal Information, health data, meal logs, activity data, messages, feedback, and any other content or information that you submit, post, upload, display, or otherwise make available on or through the Services ("User Content"). However, by submitting or providing User Content, you grant Early a worldwide, non-exclusive, royalty-free, perpetual, irrevocable (for the duration necessary to provide Services and for archival/legal purposes as per our Privacy Policy), sublicensable, and transferable license to use, host, store, reproduce, modify (e.g., to format for display), adapt, publish (e.g., anonymized testimonials if you consent), create derivative works from, distribute, perform, and display your User Content solely for the purposes of operating, providing, developing, improving, and promoting the Services, and as otherwise permitted by our Privacy Policy and your consents. This license is always subject to the protections and limitations outlined in our Privacy Policy, especially concerning SPDI.
● 10.3. Restrictions on Use: You agree not to copy, modify, distribute, sell, lease, rent, loan, create derivative works from, decompile, reverse engineer, or attempt to extract the source code of any part of our Services or included software, unless laws prohibit these restrictions or you have our express written permission. You also agree not to remove, obscure, or alter any copyright, trademark, or other proprietary rights notices affixed to or contained within the Services.
● 10.4. Feedback: If you provide Early with any feedback, suggestions, ideas, or improvements regarding the Services ("Feedback"), you hereby grant Early a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, implement, and exploit such Feedback for any purpose, without any obligation or compensation to you.
11. DISCLAIMERS AND LIMITATION OF LIABILITY
● 11.1. No Guarantee of Specific Results: You expressly acknowledge and agree that weight loss, health improvements, and other outcomes from participating in the Early program are highly individual and depend on numerous factors, including your unique physiology, genetic predispositions, pre-existing health conditions, lifestyle, level of adherence to the program and medical advice, the accuracy of information you provide, and other external factors. Early makes no guarantees, warranties, or representations, express or implied, regarding specific weight loss amounts, timelines for achieving results, specific health improvements, or the overall success or achievement of your personal health goals. Any testimonials or examples of results from other users are illustrative and do not guarantee similar outcomes for you.
● 11.2. Services Provided "As Is" and "As Available": THE SERVICES, INCLUDING ALL CONTENT, INFORMATION, MATERIALS, AND FUNCTIONALITIES PROVIDED THROUGH THE APP AND WEBSITE, ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EARLY AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, TITLE, AND NON-INFRINGEMENT. EARLY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
● 11.3. Medical Disclaimers:
○ As explicitly stated in Section 2.2, Early is a technology platform and does not directly provide medical advice, diagnosis, or treatment. All medical services, including diagnosis, treatment decisions, and the prescription of medications, are provided by independent, licensed medical doctors affiliated with Early, exercising their own professional judgment. Early is not responsible or liable for any medical advice, diagnosis, treatment, or prescriptions provided by these doctors, or for any acts, omissions, or negligence on their part.
○ All health-related information, content, diet plans, exercise plans, "My Metabolic Print" results, side effect management guides, and other guidance provided through the App or by non-medical Care Team members (such as nutritionists, coaches, physical therapists within their non-medical professional scope) is provided for general informational, educational, and support purposes only. SUCH INFORMATION AND GUIDANCE SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS, ADVICE, OR TREATMENT FROM A QUALIFIED DOCTOR OR YOUR PRIMARY CARE PHYSICIAN.
○ You should always seek the advice of your primary care physician or another qualified healthcare provider with any questions you may have regarding a medical condition, before starting any new treatment or making any significant changes to your diet, exercise routine, or health management plan, especially if you have any pre-existing health conditions or are taking other medications.
○ Never disregard professional medical advice or delay in seeking it because of something you have read, seen, or heard through the Early Services. Reliance on any information provided by Early or its Care Team (outside of direct medical advice from an affiliated doctor during a consultation) is solely at your own risk.
● 11.4. Third-Party Device Data Disclaimer: Early is not responsible for the accuracy, reliability, completeness, or timeliness of data obtained from third-party integrated devices or platforms (e.g., CGMs not provided by Early, Apple HealthKit, Google Health Connect, other fitness trackers). This data is used as a tool to support your program and should be interpreted with caution and always in consultation with your Care Team. Early disclaims any liability arising from your reliance on such third-party data.
● 11.5. User Responsibility for Decisions and Actions: You are solely responsible for all decisions you make and actions you take based on the information or guidance received through the Services. You agree to use your own judgment and consult with appropriate professionals before acting on any information.
● 11.6. Limitation of Liability:
○ TO THE FULLEST EXTENT PERMITTED BY APPLICABLE INDIAN LAW, IN NO EVENT SHALL EARLY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF EARLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO:
■ (I) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES;
■ (II) ANY CONDUCT, CONTENT, ADVICE, OR SERVICES OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO CARE TEAM PROFESSIONALS, LABORATORY PARTNERS, OR PHARMACIES;
■ (III) ANY CONTENT, INFORMATION, OR MATERIALS OBTAINED FROM OR THROUGH THE SERVICES;
■ (IV) UNAUTHORIZED ACCESS TO, USE, OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS, OR CONTENT, DESPITE OUR REASONABLE SECURITY MEASURES;
■ (V) THE ACCURACY, COMPLETENESS, OR RELIABILITY OF INFORMATION PROVIDED BY YOU, WHETHER IN WRITING OR ORALLY, OR DATA FROM THIRD-PARTY DEVICES;
■ (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; OR
■ (VII) ANY OTHER MATTER RELATING TO THE SERVICES OR THESE TERMS.
○ TO THE FULLEST EXTENT PERMITTED BY APPLICABLE INDIAN LAW, EARLY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO EARLY FOR THE SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE CLAIM FIRST OCCURRED, OR ONE THOUSAND INDIAN RUPEES (INR 1000), WHICHEVER IS GREATER.
○ This limitation of liability is a fundamental element of the basis of the bargain between you and Early and reflects a fair allocation of risk. The Services would not be provided without such limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you if prohibited by applicable law.
● 11.7. Indemnification: You agree to defend, indemnify, and hold harmless Early, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any and all claims, actions, demands, damages, obligations, losses, liabilities, penalties, fines, costs, or debt, and expenses (including but not limited to reasonable attorney's fees) arising from or related to: (i) your use of and access to the Services; (ii) your breach or violation of any term of this Agreement (including the Privacy Policy); (iii) your violation of any third-party right, including without limitation any copyright, trademark, patent, trade secret, property, privacy, or publicity right; (iv) any claim that your User Content caused damage or loss to a third party; or (v) any inaccurate, incomplete, or misleading information provided by you, whether in writing or orally, or any negligent or wrongful act or omission on your part. This defense and indemnification obligation will survive the termination of these Terms and your use of the Services. Early reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Early in asserting any available defenses.
12. GRIEVANCE REDRESSAL, SUPPORT, AND USER COMMUNICATION
● 12.1. General Customer Support: For general questions about the Early program, technical support for the App or Website, billing inquiries, or other non-medical, non-privacy related issues, please contact our customer support team by:
○ Emailing support@early.fit.
○ Using the "Help and Support" feature within the App, where you can select a support topic and submit your query. We will endeavor to respond to your queries in a timely manner, typically within 48 business hours for acknowledgment and with a resolution timeline based on the nature of the query.
● 12.2. Data Privacy Grievances: For any grievances, concerns, or questions specifically related to your Personal Information, data privacy, or our Privacy Policy, please contact our designated Grievance Officer as per the details and procedures provided in our Privacy Policy (Section 13).
● 12.3. Communication from Early:
○ Service-Related Communications: By creating an Account, you consent to receive electronic communications from Early (e.g., via email, in-App notifications, SMS). These communications are essential for the provision of Services and may include notices about your Account (e.g., payment authorizations, password changes, security alerts), updates to our Services or policies, appointment confirmations, and other transactional or administrative information. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
○ App Notifications and Reminders: The App is designed to provide various notifications and reminders to support your program adherence and engagement, such as reminders for water intake, appointments, medication (if prescribed), walking or other activities, logging weight, logging meals, and motivational messages. You can manage some of these notification preferences within the App settings. Please ensure your device settings allow for such notifications if you wish to receive them.
○ Promotional and Marketing Communications: We may also wish to send you promotional information about new features, special offers, other Early services, or third-party products and services that we believe may be of interest to you. We will only send you such marketing communications if you have explicitly opted-in to receive them (e.g., by checking a specific consent box during registration or in your Account settings). You can opt-out of receiving promotional communications at any time by:
■ Following the "unsubscribe" instructions provided in those communications.
■ Changing your marketing communication preferences in your Account settings within the App.
■ Contacting support@early.fit. Opting out of marketing communications will not affect service-related communications.
● 12.4. "Invite Friends & Get Rewarded" Program: If Early offers a referral program, specific terms and conditions will govern your participation, including eligibility criteria, the nature of rewards, and conditions for receiving rewards. These terms will be made available to you when you access the referral feature.
13. MODIFICATION, SUSPENSION, AND TERMINATION OF SERVICES
● 13.1. Modification of Terms: Early reserves the right, at its sole discretion, to modify, amend, or replace these Terms (including the Privacy Policy) at any time. If a revision is material (as determined by Early in its reasonable discretion), we will provide you with at least fifteen (15) days advance notice prior to the new terms taking effect. Notice may be provided via email to the address associated with your Account, through an in-App notification, or by posting the revised Terms on our Website and App with an updated "Last Updated" date. It is your responsibility to review these Terms periodically for any changes. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, you must stop using the Services and may terminate your Account.
● 13.2. Modification of Services: Early is constantly evolving its Services to improve user experience and effectiveness. We reserve the right to modify, enhance, add, suspend, or discontinue, temporarily or permanently, the Services or any feature, functionality, or part thereof, with or without notice, for reasons including but not limited to maintenance, upgrades, security concerns, or changes in business strategy. You agree that Early shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof. Where feasible and for material changes, we will endeavor to provide advance notice.
● 13.3. Termination by Early: Early may, in its sole discretion, terminate or suspend your Account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if:
○ You breach any provision of these Terms (including the Privacy Policy or Key Consent Points).
○ You provide false, misleading, or inaccurate information.
○ Your conduct is harmful or potentially harmful to Early, other users, the Care Team, or third parties.
○ Required by law or due to a request from law enforcement or other government agencies.
○ There are unexpected technical or security issues or problems.
○ Your Account has been inactive for an extended period (as determined by Early).
○ Non-payment of applicable fees. Upon such termination or suspension, your right to use the Services will immediately cease. Early may also take any other actions it deems appropriate.
● 13.4. Termination by User: You may terminate your Account and discontinue your use of the Services at any time for any reason by contacting Early customer support at support@early.fit and following the instructions provided. Please refer to Section 9.4 (Cancellation and Refund Policy) regarding any potential refunds upon termination.
● 13.5. Effect of Termination: Upon termination of your Account for any reason:
○ All rights and licenses granted to you under these Terms will immediately cease.
○ You must immediately stop all use of the Services.
○ Early may, in its discretion, delete your Account and all associated User Content, subject to our data retention policies outlined in the Privacy Policy and any applicable legal or regulatory obligations to retain certain information.
○ Any outstanding payment obligations you may have to Early will become immediately due and payable.
○ All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions (Section 10.1), licenses granted by you for User Content (Section 10.2, as necessary for archival/legal purposes), disclaimers of warranties (Section 11), indemnity (Section 11.7), limitations of liability (Section 11.6), governing law and dispute resolution (Section 14), and miscellaneous provisions (Section 15).
14. GOVERNING LAW AND DISPUTE RESOLUTION
● 14.1. Governing Law: These Terms, your use of the Services, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles or provisions.
● 14.2. Amicable Resolution: The parties agree to first attempt to resolve any dispute, claim, controversy, or disagreement arising out of or relating to these Terms or the Services (collectively, "Disputes") amicably through mutual discussion and negotiation in good faith for a period of at least thirty (30) days from the date such Dispute is first brought to the attention of the other party in writing.
● 14.3. Arbitration:
○ If the Dispute is not resolved by mutual discussion within the thirty (30) day period specified above, such Dispute shall be referred to and finally resolved by binding arbitration conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996, of India, as amended from time to time, and the rules framed thereunder.
○ The arbitration shall be conducted by a sole arbitrator who shall be mutually appointed by you and Early. If the parties are unable to agree on the appointment of a sole arbitrator within thirty (30) days from the date of invocation of arbitration, the arbitrator shall be appointed by a competent court in New Delhi in accordance with the Arbitration and Conciliation Act, 1996.
○ The seat and venue of the arbitration shall be New Delhi, India.
○ The language of the arbitration proceedings and the arbitral award shall be English.
○ The arbitral award rendered by the sole arbitrator shall be final and binding on both parties. The parties agree to bear their own costs of arbitration, and the costs of the arbitrator shall be shared equally, unless the arbitral award directs otherwise.
● 14.4. Jurisdiction: Subject to the arbitration provisions in Section 14.3, the courts located in New Delhi, India, shall have exclusive jurisdiction over any Disputes arising out of or in relation to these Terms or the Services that are not subject to arbitration or for the enforcement of any arbitral award.
● 14.5. Injunctive Relief: Notwithstanding the foregoing, Early shall be entitled to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights or confidential information.
15. MISCELLANEOUS PROVISIONS
● 15.1. Entire Agreement: These Terms, together with the Privacy Policy, the Key Consent Points acknowledged by you, and any other specific service terms, legal notices, or guidelines published by Early on or in connection with the Services and explicitly incorporated by reference, shall constitute the entire agreement and understanding between you and Early with respect to the subject matter hereof. This Agreement supersedes all prior or contemporaneous oral or written communications, proposals, understandings, agreements, representations, and warranties between you and Early concerning the Services.
● 15.2. Severability: If any provision of these Terms (or part thereof) is found by a court of competent jurisdiction or an arbitral tribunal to be invalid, illegal, void, or unenforceable for any reason, such provision (or part thereof) shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving, to the maximum extent possible, the original intent of the parties. If such modification is not possible, the relevant provision (or part thereof) shall be deemed severed from these Terms. The invalidity, illegality, or unenforceability of any provision (or part thereof) shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms, which shall continue in full force and effect.
● 15.3. No Waiver: The failure of Early to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. Any waiver of any provision of these Terms by Early will be effective only if in writing and signed by an authorized representative of Early. A waiver by Early of any default shall not be deemed a waiver of any subsequent default.
● 15.4. Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Early. Early may assign, transfer, or subcontract its rights and obligations under these Terms, in whole or in part, to any third party (including an affiliate) at its sole discretion without your consent and without notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any attempted transfer or assignment by you in violation hereof shall be null and void. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
● 15.5. Force Majeure: Early shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by an event outside its reasonable control (a "Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government. Our performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
● 15.6. Headings and Interpretation: The section headings and titles used in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation."
● 15.7. No Agency, Partnership, or Joint Venture: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither party has any authority of any kind to bind the other in any respect.
● 15.8. Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Early: (i) via email (to the address that you provide with your Account); (ii) by posting to the Website; or (iii) through in-App notifications. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
● 15.9. Contact Information: If you have any questions, concerns, or comments about these Terms and Conditions, please contact Early at: Earlyfit Health Private Limited, G80, Lajpat Nagar-1, Delhi -110024 Email: support@early.fi
