1. Medformers Service Overview. Medformers provides an interactive entertainment platform that grants users access to live content featuring celebrities, influencers, and public figures (referred to as “Creators”) through the Service. Users can purchase tickets (referred to as “Tickets,” or individually, a “Ticket”) to attend scheduled virtual events, meet-and-greets, and lectures (collectively known as “Live Sessions”) hosted by different Creators via the Service. Collectively, both Creators and Participants are referred to as “Users.”
2. Eligibility. If you are a Participant, you must be at least 16 years old to use the Service. If you are a Creator, you must be at least 18 years old to use the Service. By using the Service, you agree that (1) you will only use it for lawful purposes; (2) you will not use the Service in any way that may interfere with its functionality or harm its users; (3) you are responsible for the accuracy and completeness of the information you provide during registration and while using the Service; and (4) your registration and use of the Service are in compliance with all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have the authority to bind you to these Terms, and you agree to be bound by them.

3. Accounts and Registration. To access most features of the Service, you are required to register for an account. During the registration process, you may need to provide us with certain information about yourself, such as your name, email address, phone number, or other contact details. You agree that the information you provide to us is accurate and that you will ensure it remains accurate and up-to-date at all times. When creating your account, you will be asked to set a password. It is your sole responsibility to maintain the confidentiality of your account and password, and you accept full responsibility for all activities that occur under your account. Sharing your account information and granting access to the Service through your account to others is strictly prohibited. If we have reason to believe that you have shared your account information with a third party, we reserve the right to suspend or terminate your account. If you suspect that your account’s security has been compromised, it is crucial to notify us immediately at support@medformers.com. We retain the right, at our sole discretion, to disallow, cancel, remove, or reassign usernames without any liability to you or any third party, with or without prior notice to you.

4. General Payment Terms. The terms in this Section 4 specifically pertain to Participants. Some features of the Service may necessitate the payment of fees. Before making any payments, you will be given a chance to review and accept the applicable fees that will be charged to you. All fees are denoted in U.S. Dollars and Indian Rupees and are non-refundable.

1. Price. Medformers reserves the right to determine pricing for certain functionality offered via the Service as Medformers may make available or change from time to time in its sole discretion. Creators have the authority to establish the pricing for a Participant’s access to and attendance at Live Sessions. However, once the first Ticket is sold for a specific Live Session, the Creator hosting that Live Session is not allowed to modify the price of the other Tickets being sold for that same Live Session. Medformers will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Medformers may change the fees for any feature of the Service, including additional fees or charges, and Medformers will provide you advance notice of such changes before they apply. Medformers, at its sole discretion, may make promotional offers with different features and different pricing to any of Medformers’s customers. Any promotional offers, unless specifically extended to you, will not be applicable to your offer or subject to these Terms.
2. You authorize Medformers and its third-party payment processors to charge all sums for the orders that you make and any tier of the Service you select as described in these Terms or published by Medformers, including all applicable taxes, to the payment method specified in your account. If you choose to pay any fees using a credit card, Medformers or its third-party payment processors may request pre-authorization of your credit card account before completing your purchase. This pre-authorization is done to verify that the credit card is valid and has sufficient funds or credit available to cover the transaction.
3. Delinquent Accounts. Medformers reserves the right to suspend or terminate access to the Service, including fee-based sections, for any account with outstanding unpaid amounts. Apart from the unpaid Service fees, a delinquent account may incur additional fees or charges associated with any chargeback or collection of the outstanding amount, including collection fees.
4. Refunds for Cancelled Live Sessions. If a Creator cancels a Live Session for which you purchased a Ticket to attend, Medformers will automatically refund your purchase for such cancelled Live Session to the original payment method used for such purchase. Further, you may request a refund up to seven (7) days prior to a Live Session by contacting Medformers at support@medformers.com. Medformers will not provide any refunds for any Live Session that you attend or any Live Session that occurs and is not cancelled as described above for which you purchased a Ticket but did not attend, regardless of the reason for your failing to attend such Live Session.
5. Each Ticket may only be used by one person. After a ticket has been purchased it cannot be purchased again.

5. Payment Terms for Creators. Medformers may enable Creators to interact with Participants on the Service through Live Session functionalities, subject to updates at Medformers’ discretion. This may include Live Sessions with other Participants and opportunities for Participants to engage with Creators through audio-only, audiovisual, or chat messaging features. Compensation for such Sessions will be based on the terms outlined in any applicable agreement between the Creator and Medformers.
6. Licenses

1. Limited Licence. Medformers grants you a limited, non-transferable, non-sublicensable, and revocable license, solely for your personal, non-commercial use (except as expressly permitted in these Terms). Subject to your ongoing compliance with these Terms, you are authorized to: (a) install and use one object code copy of any mobile or desktop application associated with the Service from a legitimate marketplace on a mobile or desktop device that you own or control; and (b) access and use the Service.

2. Licence Restriction. Subject to the extent permitted by applicable law, you are not allowed to and must not attempt to: (a) reproduce, distribute, publicly display, or publicly perform the Service, including any content available through the Service, such as Sessions (collectively, the “Offering”); (b) make modifications to the Offering; (c) interfere with or bypass any feature of the Service, including security or access controls; (d) decompile, disassemble, reverse engineer, reverse assemble, analyze, or attempt to derive the source code of the Service; (e) sell, resell, license, rent, lease, timeshare, act as a service bureau, or provide subscription services for the Offering or any part thereof; or (f) make any other use of the Offering, Materials (defined below), or any other content provided by Medformers or its Users on or through the Service, including any data concerning other Users of the Service, except as expressly authorized by Medformers in these Terms. If applicable law prohibits you from using the Service, you are not permitted to use it.

3. If you decide to share ideas, input, or suggestions during or about any Sessions or provide feedback regarding issues, proposed changes, or enhancements to the Service (“Feedback”), you grant Medformers an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to utilize the Feedback in any way and for any purpose. This includes using the Feedback to enhance the Service, develop other products and services, without any obligation to credit or compensate you for such Feedback.

7. User Content

1.“User Content” refers to any content that you submit, webcast, or transmit (collectively, “Post”) to the Service. This includes, but is not limited to, text, written comments, chat messages, reviews, Sessions (which may contain third-party content like audiovisual works, sound recordings, or musical works), images, audio (including voice), and other works protected under the laws of India or any other jurisdiction, including patent, trademark, trade secret, and copyright laws. It is essential to note that User Content does not include Materials and Feedback.

2. Your Rights to User Content. YOU MAINTAIN THE COPYRIGHT AND ANY OTHER PROPRIETARY RIGHTS YOU MAY HAVE IN ANY USER CONTENT THAT YOU POST TO THE SERVICE, EXCEPT FOR THE RIGHTS THAT YOU GRANT TO MEDFORMERS AS OUTLINED IN THESE TERMS AND ANY SEPARATE AGREEMENT BETWEEN YOU AND MEDFORMERS.

3. Licence to Medformers.

1. By turning on or enabling your microphone and/or camera on your device while using the Service, posting User Content, or using the Service in any way, you grant Medformers an exclusive, unrestricted, assignable, sublicensable (through multiple tiers), royalty-free right and license worldwide to reproduce, record, distribute, publicly display, communicate to the public, publicly perform (including through digital audio transmissions and on a through-to-the-audience basis), transmit, retransmit, make available, create derivative works from, monetize, and otherwise exploit all User Content you post to or through the Service, using any means, media, and formats known now or in the future. This license allows Medformers to use your User Content for various purposes, including advertising, marketing, and promoting Medformers, the Service, and content available on the Service (including Sessions and any content you post). It also permits displaying and sharing your User Content with other users of the Service and on third-party services, allowing other users to interact with and comment on your User Content, providing the Service, and sublicensing your User Content to third-party licensors of Medformers for their use on all distribution channels. The exclusive and irrevocable nature of this license will apply for a period of six (6) years from the date your User Content is posted to the Service (the “Exclusive Period”). After the Exclusive Period, the license will become non-exclusive.
2. You further grant Medformers a royalty-free, sublicensable (through multiple tiers) license (but not the obligation) to Use your user name, image, voice, and likeness to identify you within or as the source of any of your User Content.
3. You further grant Medformers a royalty-free, sublicensable (through multiple tiers) license (but not the obligation) to Use your user name, image, voice, and likeness to identify you within or as the source of any of your User Content.
4. You further grant Medformers a royalty-free, sublicensable (through multiple tiers) license (but not the obligation) to Use your user name, image, voice, and likeness to identify you within or as the source of any of your User Content.

5. You give Medformers the right to use your User Content, including audio-only and audiovisual works, sound recordings, and musical works, for various purposes without the need to pay royalties to third parties. This includes entities like video game copyright owners, record labels, music publishers, performing rights organizations (PROs), sound recording PROs (e.g., SoundExchange), unions, guilds, engineers, producers, or any other royalty participants associated with the creation of your User Content. By granting these rights, you authorize Medformers to utilize your User Content on a royalty-free basis, enabling them to reproduce, publicly display, perform, communicate to the public, and provide closed captioning or dubbing for your content.

4. You Must Have Rights to the Content You Post. By posting User Content on the Service, you affirm, warrant, and covenant that you are the copyright owner or possess all necessary authorizations and permissions from the copyright owner(s) to grant the licenses set forth in Section 7.3 of these Terms, including rights related to the name, image, voice, likeness, and personal characteristics of any identifiable individuals within the content. You must not post any User Content comprising pre-released content, non-public beta software, confidential information of Medformers, or any third party without prior written authorization. If you only own the rights to a sound recording or audiovisual work and not the underlying musical works, you must not post such content on the Service unless you have obtained all necessary rights and permissions concerning the embedded musical works. By posting User Content, you further confirm and warrant that you own the content or have the necessary rights to grant the licenses, and its posting does not infringe on the rights of any party. You also agree not to obligate Medformers to obtain additional licenses, pay royalties, fees, or provide attribution to third parties, and that it does not breach any contractual agreement. Your User Content must not contain objectionable or inappropriate material. Unless otherwise specified in a separate agreement, you are responsible for any payments arising from the posting of your User Content. Medformers reserves the right to remove or refuse to post any User Content that violates these provisions or is deemed unacceptable, and may take appropriate measures, including account termination, for repeated violations. By posting User Content, you grant Medformers a worldwide, non-exclusive, royalty-free, transferable, sublicensable, and irrevocable license to use, reproduce, modify, distribute, adapt, publicly display, and perform your User Content for the Service and Medformers’s business purposes.
5. Specific Rules for Musical Works, Sound Recordings, and for Recording Artists: If you are a composer or author of a musical work and affiliated with a PRO, you must notify your PRO of the royalty-free license you grant through these Terms to us. It is your sole responsibility to ensure compliance with your relevant PRO’s reporting obligations. If you have assigned your music rights to a publisher, you must obtain their consent to grant the royalty-free license(s) outlined in these Terms or have them enter into this Agreement with us. Mere authorship of a musical work does not automatically grant you the right to provide us with the licenses described herein. If you are a recording artist under contract with a record label, you are solely responsible for ensuring your Service usage complies with any contractual obligations to your label, including recordings created through the Service that may be claimed by the label. For cover songs posted to the Service, you are responsible for obtaining all necessary rights to the underlying musical work before posting your recording or performance. Additionally, you must clear the rights to any ambient or background music included in your User Content.
6. Through-To-The-Audience Rights: The rights granted in these Terms apply on a through-to-the-audience basis, meaning External Sites’ owners or operators will not have separate liability to you or any other third party for User Content Posted, viewed, or used on such External Sites via the Service.
7. Waiver of Rights to User Content: By Posting User Content to the Service, you waive any rights to prior inspection or approval of marketing or promotional materials related to such User Content. You also waive any rights of privacy, publicity, or similar nature in connection with your User Content, except as set forth in a written and signed agreement between you and Medformers. To the extent that moral rights are not transferable or assignable, you hereby waive and agree not to assert any moral rights in or with respect to any User Content you Post to the Service.
8. Disclaimer: We are not obligated to use, edit, or control User Content that you or any other user Posts on the Service and will not be responsible or liable for User Content. While we do not guarantee the accuracy or appropriateness of any User Content, we reserve the right to screen, remove, edit, or block User Content that violates these Terms or is otherwise objectionable in our sole judgment. You agree to waive any legal or equitable right or remedy against Medformers with respect to User Content and acknowledge that your adherence to or participation in any activity related to User Content is at your own risk. You also agree not to enforce a claim for a breach of these Terms against Medformers for another user’s use of your User Content in violation of these Terms. We expressly disclaim any and all liability in connection with User Content.

9. Monitoring Content: Medformers does not control and is not obligated to monitor User Content, content from third parties, or the use of the Service by its Users. However, we reserve the right to monitor information transmitted or received through the Service for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. We retain the right to remove any User Content from the Service at our sole discretion, without notice, and without any further obligation or liability to any User.
10. URLs for Live Sessions: Certain features may allow a Creator to Post a URL relating to a Live Session. Medformers reserves the right to edit or remove such URLs at any time in our sole discretion without penalty or further obligation to you.

8. Ownership; Proprietary Rights; Marks.

1. 1. Ownership; Proprietary Rights; Marks.  The Service is owned and operated by Medformers. All elements of the Service, including visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, Live Sessions, and Recorded Sessions, are protected by intellectual property and other laws. These Materials and Sessions are the property of Medformers, Creators, or other third-party licensors of Medformers or its Creators. Unauthorized use of the Materials is prohibited, and Medformers reserves all rights to its Materials and Sessions not expressly granted in these Terms.
   2. Marks. The Medformers Trademarks, consisting of trademarks, service marks, and logos, are registered and/or unregistered trademarks or service marks of Medformers used and displayed on the Service. Other product and service names on the Service, including in Sessions, may be trademarks or service marks owned by third parties. Except as permitted by law, you may not use the Trademarks to disparage Medformers, the applicable third party, or their products or services, or in any manner that may damage any goodwill associated with the Trademarks. You are not authorized to use any Trademarks as part of a link to or from any website without Medformers’s prior express written consent. Any goodwill generated from the use of Medformers Trademarks will solely benefit Medformers, while goodwill generated from the use of other Trademarks will solely benefit the owner of such Trademark.

9. Third-Party Terms:

1. External Sites: The Service may provide links to, or the ability to export User Content to, or embed content in, other websites, apps, or online properties that are not owned or controlled by Medformers (collectively, “External Sites”). The content on External Sites is not developed or provided by Medformers, and Medformers is not responsible for the content or accuracy of materials on External Sites. If you have concerns about the content on External Sites, you should contact the site administrator or webmaster. When accessing External Sites, exercise caution when downloading files to protect your devices from viruses and other destructive programs. Your decision to access External Sites is at your own risk, and you are solely responsible for complying with any terms of service or similar terms imposed by External Sites when exporting User Content to them.

2. Third-Party Software: The Service may include or incorporate third-party software components known as “Third-Party Components,” which are generally available free of charge and come with licenses granting recipients broad rights to copy, modify, and distribute those components. These Third-Party Components are separate from the Service and governed by their own applicable third-party licenses. Nothing in these Terms prevents or restricts you from obtaining Third-Party Components under their respective licenses or limits your use of these components in accordance with those licenses. Your use of Third-Party Components is subject to the terms and conditions set forth in the applicable third-party licenses.

10.Communications

1. Text Messaging: Medformers and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may include operational messages about your use of the Service, as well as marketing messages. You have the option to opt-out of receiving marketing and/or operational text messages at any time through one of the following methods: (a) Sending an email to support@medformers.com, indicating your desire to stop receiving texts, along with the phone number of the mobile device receiving the messages. (b) Texting the word “STOP” or “END” from the mobile device receiving the messages. (c) Turning off such messages in your Service account settings. Please note that you may continue to receive text messages for a short period while Medformers processes your opt-out request. Additionally, you might receive text messages confirming the receipt of your opt-out request. Opting out of receiving operational text messages may impact the functionality provided by the Service. The text messages may be sent using an automatic telephone dialing system. Your agreement to receive text messages is not a condition of any purchase or use of the Service. Standard data and message rates may apply as specified by your carrier.
2. Push Notifications: When you install our app on your mobile or desktop device, you agree to receive push notifications, which are messages an app sends you when the app is not actively in use. You can turn off these notifications by visiting your mobile or desktop device’s “settings” page.
3. Email: We may send you emails concerning our products and services, as well as those of third parties. If you wish to opt-out of promotional emails, you can follow the unsubscribe instructions provided in the promotional email itself or disable these emails in your Service account settings. If you choose to opt-out of both operational emails and operational text (SMS) messages, please be aware that Medformers will have no communication method to notify you regarding your purchases of Tickets or other Service functionality.

11. Prohibited Conduct. By using the Service, you agree to abide by our Medformers Community Guidelines, which are incorporated into these Terms by this reference. FURTHER, BY USING THE SERVICE, YOU AGREE NOT TO:

1. Users shall use the Service strictly for lawful purposes and comply with all applicable local, state, national, and international laws, regulations, and statutes.
2. Users must refrain from engaging in any form of harassment, threats, demeaning, embarrassing, or harming other Users while using the Service.
3. Users are obligated to respect the intellectual property rights of third parties and shall not infringe or misappropriate any third-party intellectual property rights, including copyrights, trademarks, or patents.
4. Users are strictly prohibited from interfering with security-related features of the Service, which includes disabling or circumventing any measures that prevent or limit the use or copying of content.
5. Unauthorized recording or screen capture of any content transmitted on or through the Service, including User Content, is strictly prohibited.
6. Simultaneous live streaming of any Session on third-party audio-only or audiovisual platforms, such as Facebook Live, Instagram Live, TikTok, or Twitch, is not permitted.
7. Users must refrain from any activity that may disrupt the operation of the Service or interfere with other Users’ enjoyment, such as uploading or disseminating viruses, adware, spyware, worms, or any malicious code.
8. Attempting to access or search the Service or its content through unauthorized means, including the use of spiders, robots, crawlers, data mining tools, or similar mechanisms, is strictly prohibited.
9. The Service shall not be used for posting User Content or hosting Sessions related to life-saving or life support systems, information, or education, or any subject that could promote or lead to the loss of life or catastrophic property damage.
10. Selling or otherwise transferring the access granted under these Terms, Materials, or any right or ability to view, access, or use any Materials, is strictly prohibited.
11. Users shall not engage in fraudulent activity, including impersonating any person or entity, falsely claiming affiliation, or accessing another User’s Service account without permission.
12. Users shall not attempt any of the acts described in this section or assist, encourage, or permit any other person to engage in such prohibited activities. Violation of these terms may result in the termination of User access to the Service and may subject the User to legal action.

12. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements

1. 1. Respect of Third Party Rights: Medformers acknowledges and respects the intellectual property of others, and it takes the protection of intellectual property seriously. Users are expected to uphold the same standard and refrain from engaging in infringing activities while using the Service.
   2. Repeat Infringer Policy: Medformers has an intellectual property policy that entails: a. Removing or disabling access to material that Medformers reasonably believes, upon receiving notice from an intellectual property owner or their agent, is infringing the rights of a third party and has been made available on the Service. Removing any User Content Posted to the Service by “repeat infringers.” Medformers defines a “repeat infringer” as any User who has repeatedly infringed or been charged with infringing the rights of third parties by Posting User Content to the Service, based on valid takedown notices received by Medformers concerning such User Content.
   3. Procedure for Reporting Claimed Infringement: If a User believes that any content available on or through the Service infringes their intellectual property rights, they may send a “Notification of Claimed Infringement” to Medformers’s Designated Agent, providing the following information:

1. Physical or electronic signature of a person authorized to act on behalf of the owner of the infringed work(s).

2. Identification of the works or materials being infringed, or, if multiple works are involved, a representative list of such works.

3. Identification of the specific material claimed to be infringing or the subject of infringing activity, with information to locate the material.

4. Contact information, including address, telephone number, and email address.

5. A statement indicating a good faith belief that the use of the material is unauthorized by the copyright owner, its agent, or the law, under penalty of perjury.

6. A statement that the information provided in the notification is accurate and that the notifying party is authorized to act on behalf of the copyright owner.

4. Designated Agent Contact Information: Medformers’s designated agent for receipt of Notifications of Claimed Infringement (“Designated Agent”) can be contacted at: Via Email: support@medformers.com

5. Counter Notification: If a User receives a notification from Medformers regarding the removal of material they Posted on the Service due to a Notification of Claimed Infringement, the User has the right to submit a “Counter Notification.” The Counter Notification must be in writing and provided to Medformers’s Designated Agent through the methods identified in Section 4 above, and it should include the following information:

1. Physical or electronic signature of the User.

2. Identification of the removed material and its prior location on the Service.

3. A statement under penalty of perjury that the removal was a result of mistake or misidentification.

4.User’s name, address, and telephone number, along with a statement consenting to the jurisdiction of the District Court where the User resides or where Medformers may be found.

6. Reposting of Content Subject to a Counter Notification: Upon receipt of a valid Counter Notification, Medformers will provide the notifying party with a copy and inform them of its intent to replace the removed User Content or restore access to it within 10 business days. Medformers will take such action within 10 to 14 business days following the receipt of the Counter Notification, unless Medformers’s Designated Agent is notified that the notifying party has filed a court action seeking an order to restrain the User from engaging in infringing activity related to the material.

7. False Notifications of Claimed Infringement or Counter Notifications: The Copyright Act stipulates that any party knowingly and materially misrepresenting (1) material or activity as infringing or (2) that the removal or disabling was a result of mistake or misidentification, may be held liable for damages, including costs and attorneys’ fees incurred by the alleged infringer, the copyright owner or authorized licensee, or a service provider injured by such misrepresentation.

Medformers reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

13. Modification of these Terms: We retain the right to make future changes to these Terms at any time. Users are advised to regularly review these Terms for updates. In cases where a modification to these Terms significantly affects your rights or obligations, we may request your acceptance of the revised Terms to continue using the Service. Material modifications become effective upon your receipt of notice or acceptance of the revised Terms. Immaterial modifications take effect upon publication. Any subsequent versions of these Terms will supersede all previous versions. Unless explicitly permitted in this Section 13, any amendments to these Terms require a written agreement signed by authorized representatives of the parties involved. Disputes arising under these Terms will be addressed according to the version of these Terms in effect at the time the dispute arose.
14. Term, Termination, and Modification of the Service

1. Term: These Terms become effective upon your acceptance of the Terms, or upon your first download, installation, access, or use of the Service. The Terms remain in effect until terminated as described in Section 14.2.

2. Termination: If you breach any provision of these Terms, your authorization to access the Service will be automatically terminated. Additionally, Medformers may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time, with or without notice, for any reason or no reason. You have the right to terminate your account and these Terms at any time by deactivating your account in your account settings or contacting customer service at support@medformers.com.

3. Effect of Termination: Upon termination of these Terms: (a) Your license rights will terminate, and you must immediately cease all use of the Service. (b) You will no longer be authorized to access your account or the Service. (c) Any unpaid amount owed to Medformers prior to termination must be paid. (d) Sections 6.3, 8, 7.3, 14.3, 15, 16, 17, 18, and 19 will survive, along with any payment obligations accrued before termination.

4. Modification of the Service: Medformers has the right to modify or discontinue the Service at any time, either permanently or temporarily, including limiting or discontinuing certain features of the Service, without prior notice. Medformers will not be liable for any changes to the Service or any termination or suspension of your access to or use of the Service.

15. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Medformers, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Medformers Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: 1. Unauthorized use of, or misuse of, the Service. 2. Violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation. 3. Violation of any third-party right, including any intellectual property right, publicity, confidentiality, other property, or privacy right. 4. Any dispute or issue between you and any third party. We retain the right, at our own expense, to assume exclusive defense and control of any matter subject to indemnification by you (without limiting your indemnification obligations), and in such case, you agree to cooperate with our defense of such claims.

16. Disclaimers; No Warranties

1. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. MEDFORMERS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: 1) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. 2) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. MEDFORMERS DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. FURTHERMORE, MEDFORMERS DOES NOT GUARANTEE THAT ANY OF THESE ISSUES WILL BE CORRECTED.
2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR MEDFORMERS ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE MEDFORMERS ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY PERSONAL INJURY, DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
3. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Medformers does not disclaim any warranty or other right that Medformers is prohibited from disclaiming under applicable law.

17. Limitation of Liability

1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MEDFORMERS ENTITIES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE. THIS APPLIES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER ANY MEDFORMERS ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
2. EXCEPT AS PROVIDED IN SECTION 18.5 AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF THE MEDFORMERS ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR ANY INABILITY TO USE, ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (1) THE AMOUNT YOU HAVE PAID TO MEDFORMERS FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM; OR (2) $100.
3. EACH PROVISION OF THESE TERMS THAT LIMITS LIABILITY, DISCLAIMS WARRANTIES, OR EXCLUDES DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 

18. Dispute Resolution and Arbitration

1. Generally. To efficiently resolve disputes between you and Medformers, both parties agree to binding arbitration, except as provided in Sections 18.2 and 18.3. This means that any dispute arising from these Terms or your use of the Service will be resolved by a neutral arbitrator instead of a court. Arbitration is less formal, allows limited discovery, and decisions are subject to limited review by courts. Both parties waive the right to a trial by jury or to participate in a class action.

2. Exceptions. Small claims court actions, enforcement actions through government agencies, seeking injunctive relief in court to aid arbitration, and intellectual property infringement claims may proceed in court.

3. Opt-Out. Within 30 days of agreeing to these Terms, you may opt-out of arbitration by sending a letter to MEDFORMERS containing your full legal name, the associated email address, and a statement expressing your wish to opt-out. After Medformers receives your Opt-Out Notice, this Section 18 will be void, and disputes will be resolved as outlined in Section 19.2.

4. Arbitrator. Arbitration will be conducted under the Federal Arbitration Act. The arbitrator holds exclusive authority over interpretation, applicability, and enforceability of this arbitration agreement.
5. Notice of Arbitration; Process. Before initiating arbitration, a written Notice of Arbitration must be sent to the other party. The Notice must describe the claim and specific relief sought. The parties will attempt to resolve the claim directly, and if no agreement is reached within 30 days of receiving the Notice, arbitration may proceed.
6. Fees. If arbitration is initiated in line with these Terms, Medformers will reimburse you for the filing fee unless your claim exceeds $10,000.
7. No Class Actions. Both parties agree to resolve claims individually and not as part of any class or representative proceeding.
8. Modifications to this Arbitration Provision. Future changes to this arbitration provision will not apply retroactively. You may reject any such changes by sending written notice to Medformers within 30 days of the change, resulting in termination of your account and survival of the previous arbitration provision.
9. Enforceability. If any part of this Section 18 is found to be unenforceable, the entirety of this Section will be null and void. In such case, Section 19.2 will govern any disputes related to these Terms.

19. Miscellaneous

1. General Terms. These Terms, along with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the complete and exclusive understanding and agreement between you and Medformers concerning your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, whether in whole or in part, without our prior written consent. However, we may assign these Terms at any time without notice or consent. The failure to enforce any provision of these Terms will not affect our right to enforce that provision at any later time, nor will any waiver of a breach or default be considered a waiver of any subsequent breach or default or of the provision itself. The use of section headers in these Terms is for convenience only and does not impact the interpretation of any provision. Throughout these Terms, the term “including” means “including but not limited to.” If any part of these Terms is deemed invalid or unenforceable, the unenforceable part will be given the fullest effect possible, and the remaining parts will remain in full force and effect.
2. Governing Law. These Terms are governed by the laws of India, regardless of conflict of law principles. You and Medformers submit to the personal and exclusive jurisdiction of the state courts located within India for any legal action or court proceeding permitted under these Terms.
3. Privacy Policy. Please carefully review the Medformers Privacy Policy (“Privacy Policy”) to understand how we collect, use, store, and disclose your personal information. The Privacy Policy is incorporated into and constitutes a part of these Terms.
4. Additional Terms. Your use of the Service is subject to any additional terms, policies, rules, or guidelines applicable to the Service or specific features of the Service, which we may post on or link to from the Service (“Additional Terms”). All Additional Terms are incorporated by reference and are part of these Terms.
5. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as described in our Privacy Policy. Please review our Privacy Policy for more information about our electronic communication practices. You agree that any notices, agreements, disclosures, or other communications we send to you electronically satisfy any legal communication requirements, including that such communications be in writing.
6. No Support. We are not obligated to provide support for the Service. In cases where we may offer support, such support will be subject to published policies.