Terms and Conditions

Last updated August 25, 2023 - Previous version available on request.
 

CONTEXT

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Please read these Terms of Use carefully ("Terms"). These Terms govern and apply to your access and use of the communication platform offered by Ello Mind in connection with the online therapy services we provide via the Ello Mind website at https://www.ellomind.com/  (“Website”) (all hereinafter collectively, “Ello Mind” and the "Service(s)") and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as "Content"). By accessing or using the Service, you agree to comply with and to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, you are not authorized to use the Service. The terms “you", "your,” and “yourself” refer to the individual user of the Service.

 

The Website is owned and operated by Ello Mind (“Company”), a private limited company, incorporated under the provisions of the Companies Act, 2013 

These terms of usage (“Terms”) govern your use of the Website and Services provided therein (“Services”). By using or visiting the Website, or by using any content or information provided as part of the Website/ Services, you shall be deemed to have read, understood, and accepted to be bound by these Terms. These Terms are a legal contract between you and Ello Mind (registered as Orgfit Global Consultancy Private Limited), it is essential that you review the Terms carefully before accessing or using the Website. These Terms are not intended to alter in any way or limit the terms or conditions of any other agreement that you may have with Ello Mind, including without limitation the privacy policy ("Privacy Policy").

 

DEFINITIONS

Capitalized terms appearing in this TOS shall have the meaning as stated below:

"Client" or "You", including its grammatical variations, means any natural person using the Services as defined below.

"Client Data" means and includes the details provided by You at the time of the creation of the Website user account and any proof of compliance such as scanned copies of forms, internal memos, statutory documents, reports, filings, applications, notices, etc. submitted by You through Website (defined below).

"Privacy Policy" means the privacy policy available at https://ellomind.com/privacy-policy

"Website" means https://www.ellomind.com/, which is a web-based proprietary service platform of Ello Mind.

"Ello Mind" or 'We', 'Us', 'Company', and 'Our' means https://www.ellomind.com/

"Services" shall mean providing psychological counseling services to the Client/ User for any challenges or issues the Client/User may be facing in their lives. Services shall not include providing psychological counseling to Users with psychotic disorders or Clients/ Users with suicidal tendencies.

Where BetterLYF provides You with lists and/or profile previews of Counselors based on information that You provide to the Website's search features (such as area of specialty and geographical location); the same shall not fall within the scope of Services.

By accessing or using the Ello Mind website or services, you are accepting this Agreement and represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all of the terms and conditions of this Agreement, do not access or use the Ello Mind website or services. We may modify this Agreement from time to time and such modification shall be effective upon posting by us on the Ello Mind website. You agree to be bound by any modification to this Agreement when you use the Ello Mind website or services after any such modification is posted; it is, therefore, important that you review this Agreement regularly to ensure you are updated as to any changes. 

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WEBSITE FEATURES

1. The Website allows Users to connect and interact with counselors or other individuals ("Therapist(s)") who provide counseling and therapy services.

2. Ello Mind uses the information the user and the counselor provided to match the user to the relevant counselor.

3. Users can view the therapist platform calendar and book appointments

4. Users and counselors can interact via video calls, audio calls, or chat messages on the website. Ello Mind does not share any contact details of one party with the other.

5. Users can journal their thoughts and log in their moods on the website, this information can be accessed by the counselor only with the user’s consent

6. Counselors can make client notes on the platform and this information is saved by the website.

7. Both users and counselors can participate in the discussion forum on the website.

8. Both users and counselors can interact with Ello Mind customers with support using the platform

9. Users can take free assessments and read and share information from the Ello Mind blog by crediting Ello Mind for the same.
    

ACCOUNT ELIGIBILITY AND ENROLLMENT

To access the Services, you must first enroll to establish an individual user account (“Account”), by providing certain information as set out in the Privacy Policy. You agree that you will not create more than one Account or create an Account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Service and, if applicable, in order for Providers to send messages to you, you agree to: 

1. provide true, accurate, current, and complete information about yourself as prompted by our Account enrollment form (understanding that during therapy sessions you may use a nickname); and 

2. maintain, and promptly update such Account information, each time you log on, as far as possible to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Ello Mind has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current, or incomplete, Ello Mind reserves the right to transition your treatment to another Provider outside of Ello Mind or take other steps as appropriate. 

3. certify that you are (i) over the age of eighteen (18), or have the legal ability to consent to the Services or have your Parent/Guardian consent to the Services, and (ii) physically located or are a resident of the State or Country you have chosen as your current residency when creating your Account. 

4. remain responsible for maintaining the confidentiality of your Account password and username (if any), and any other security information related to your Account at all times. Ello Mind will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.

ACCEPTABLE USE

You agree not to access or use the Services in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms. You shall not post, use, store or transmit any of the following:

1. message or information under a false name; 

2. information that is unlawful, libelous, defamatory, abusive, vulgar, obscene, racist, fraudulent, predatory of minors, harassing, threatening or hateful to any person;  

3. unsolicited email and/or advertisement or promotion of goods and services;

4. any content that may cause damage to a third party; 

5. any content which may constitute, cause, or encourage a criminal action or violate any applicable law; and 

6. information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. 

 

You shall not attempt to disrupt the operation of the Service by any method, including through the use of viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware, denial of service attacks, flooding, or spamming. You shall not use the Service in any manner that could damage, disable, or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining, or any other means. You shall not use any robot, scraper, malicious code, or other means to access the Service for any purpose. Neither Ello Mind nor its affiliates are under any obligation to respond to messages posted on the Service. You are solely responsible for the information or material you post on the Service.

 

PAYMENT

You agree to pay all fees and charges associated with your Account on a timely basis in accordance with the fee schedule, and the terms and rates published by Ello Mind from time to time. Such fees and charges (including any taxes and late fees, as applicable) may be charged to the payment method you provided during the initial setup of your Account. You agree to maintain valid payment information in your Account. By providing Ello Mind with payment information, you authorize Ello Mind to bill and charge your credit card or other payment methods.

If you access the Services through an EAP or an employer-sponsored benefit plan or other insurance-backed plans, your payment will be arranged by a third party “Payor” which is a third party that administers or insures the benefits program you are a member of through your employer. Your co-payments, coinsurance, or deductible may be charged automatically at the beginning of the session period or after the claim is processed by your insurer.

 

PROVIDERS

You are always advised to exercise a high level of care and caution when making any mental health or medical decision. You should never disregard, avoid, or delay obtaining medical advice from your primary doctor or other qualified healthcare providers, or use or combine Ello Mind with traditional face-to-face appointments, solely because of information you saw on the Website or App or advice you received through the Provider. Ello Mind supports a holistic approach to mental health and the choices you have, to create the best therapeutic journey that matches your individual needs. If you feel that the Provider does not meet your expectations, you may change to a different Provider at any time.  

Other than the guidance and advice you receive directly to you from your Provider, the graphics, educational and research sources, and other incidental information on the Website or the Content, should not be considered medical advice. You should always talk to an appropriately qualified healthcare professional for diagnosis and treatment, including information regarding which medications or treatments may be appropriate for you. None of the Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Ello Mind does not endorse any specific tests, medications, products, or procedures.

Ello Mind reserves the right to limit the scope of clinical practice provided.

 

INTELLECTUAL PROPERTY

All Content available on or through the Service is the property of Ello Mind or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You agree not to reproduce, modify, retransmit, distribute, disseminate, sell, exploit, publish, broadcast, or circulate the content received through the Service to any third party. All software and accompanying documentation made available for download from the Service is the copyrighted work of Ello Mind or its licensors. Any copy made of information obtained through the Service must include all applicable copyright notices.

"Ello Mind," "Unlimited Messaging Therapy" and “Live Video Sessions” are copyrighted terms. All rights reserved. Subject to the Terms of this Agreement, Ello Mind hereby grants you a limited, revocable, non-transferable, and non-exclusive license to use the software, network facilities, content, and documentation on and in the Service to the extent, and only to the extent, necessary to access and use the Service.

The license granted herein does not permit you to, and you agree not to: 

1. modify, translate, reverse engineer, disassemble, decompile, or create derivative works of the Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile, or create derivative works of the Service; or 

2. transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Service to provide service bureau, time sharing or other services to third parties.

 

DISCLAIMERS

Access to the service and the information contained therein is provided “as is” and “as available” without any warranty of any kind, express or implied. 

Without limiting the foregoing, Ello mind does not warrant that access to the service will be uninterrupted or error-free, or that defects, if any, will be corrected. You expressly agree that your use of the service and your reliance upon any of its contents is at your sole risk.

You agree that you are responsible for maintaining the confidentiality of your password and any other security information related to your use of Ello mind.  You agree to notify Ello mind immediately of any unauthorized use of your username or password. 

You shall be solely and fully responsible for any damage to the service or any computer system, any loss of data, or any improper use or disclosure of information on the service caused by you or any person using your username or password. Ello mind can not and does not assume any responsibility for any loss, damages, or liabilities arising from the failure of any telecommunications infrastructure, or the internet, or for your misuse of any protected health information, advice, ideas, information, instructions, or guidelines accessed through the service.

 

 

LIMITATIONS OF LIABILITY

In the event of any problem with the service or any of its content or in connection with your use of the website, app, or services or otherwise arising out of, or in relation to, these terms, you agree that Ello mind’s total aggregate liability to you for all and any damages, losses or causes of action (whether contractual, tortious or otherwise) shall be limited to the amount of payment made by you to Ello mind in the past 12 months unless otherwise required by applicable law.  

Under no circumstances shall Ello mind, any Ello mind license or supplier, or any third party who promotes the service or provides you with a link to the service be liable in any way for your use of the service or any of its content, including, but not limited to, any errors or omissions in any content, any infringement by any content of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of any content.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

HYPERLINKS

Any link (including a hyperlink, button, or referral device of any kind) used in the Service is provided for your use and convenience. The appearance of a link does not constitute an endorsement, recommendation, or certification by Ello Mind, nor should the presence of a link in any way be construed as a suggestion that any third-party website has any relationship to Ello Mind. Ello Mind does not endorse the content on any third-party websites. Ello Mind is not responsible for the content of linked third-party websites or third-party advertisements and does not make any representations regarding its content or accuracy. Ello Mind does not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights, or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.

 

TERMINATION

Ello Mind has the right (but not the obligation) to refuse to provide access to the Service to any person, agency, or organization for any illegal or improper use of the service, nonpayment, or other material misuse of the services. Ello Mind reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice.

 

PROPRIETARY RIGHTS

1. The Website contains content owned or licensed by Ello Mind. Ello Mind owns and retains all rights in the Ello Mind Content. You will not remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Ello Mind Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Ello Mind Content.

2. The Ello Mind name and logo are trademarks of Ello Mind, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Ello Mind, except with prior consent. In addition, all custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Ello Mind, and may not be copied, imitated, or used, in whole or in part, without prior written permission from Ello Mind.

 

PLAN VALIDITY AND EXPIRY

1. While you can choose to start the plan anytime after purchase without any time limit, once you activate the plan (consume the first session), you need to consume the plan within 6 months.

2. While Ello Mind will try to ensure that your assigned counselor is available for the entire duration of your plan, it is possible that the same counselor becomes unavailable during the course of the plan. Ello Mind is not liable to provide you with a specific counselor at any point and will assign you a counselor at its discretion.

3. While your counselor chat access becomes active as soon as you purchase a plan, your chat access period is calculated from the date of the first session. Hence, from the date of your first session, you will have chat access for the number of chat access days mentioned in your plan.

 

CANCELLATIONS AND RESCHEDULING SESSIONS

You can cancel or reschedule a session booked on Ello Mind up to 24 hours before the scheduled time by requesting the same via the Ello Mind website. Post that rescheduling will not be permitted and the session will be deemed to be consumed by you even if you do not attend.

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CHANGING AND CHOOSING COUNSELORS

1. You can change the counselor assigned to you on Ello Mind by requesting the same via the Ello Mind website given the following conditions:
   • There is no scheduled session with the existing counselor in the next 24 hours
   • Any scheduled sessions with the counselor, who is unassigned to you will automatically stand canceled and will be credited back to your account as “to be scheduled” sessions. You will have to then schedule them again with the new counselor assigned.
   • Ello Mind does not guarantee the assignment of a counselor of your choice at any point. You are assigned a counselor based on your needs and the counselor's availability
   • Ello Mind reserves the right to change your counselor at any point at its discretion, whether requested by you or not.
    

USER-COUNSELOR INTERACTIONS

1. Both the user and counselor agree to maintain the decorum of a client/counselor relationship and agree to not engage in any other form of interaction on the platform.

2. In case of inappropriate behavior by either party, Ello Mind will not be liable in any form. Involved parties alone and not Ello Mind will be responsible for any legal consequences arising out of such interactions.

3. Both parties have the option to report inappropriate behavior on the website to Ello Mind. In case a particular session is reported, Ello Mind reserves the right to remove the user or counselor, or both from the platform without discretion. Ello Mind’s decision in this regard will be final.

4. Counselor and NOT Ello Mind is liable to maintain the confidentiality of any personal information shared by the user with the counselor in video sessions. In case a counselor breaches the confidentiality agreement, the counselor alone and NOT Ello Mind will bear the legal or any other consequences.
    

PLAN CHANGES, CANCELLATIONS, AND REFUNDS

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1. Requesting Cancellations and Refunds:
   Customers can request a cancellation and refund of their purchased plan via the ElloMind helpdesk.
   ElloMind will review the request and may decide to refund the charges paid if deemed fit. The decision of ElloMind on any such matter shall be final and binding. If ElloMind decides to refund the charges, it will do so at its convenience.

2. Refund for Unused Sessions: If a customer requests a refund after consuming one or some sessions from the plan, and ElloMind decides to initiate a refund, the customer will be reimbursed for the charges of the unconsumed sessions only. Used sessions will not be refunded. The actual amount paid per session will be refunded, not the standard cost of one session.ElloMind will process the refund at its convenience.

3. Changing Plans:
   Upgrade to a Longer Plan: If a customer wishes to upgrade to a longer plan, ElloMind will review the request and may decide to allow the planned upgrade by allowing the customer to pay the difference amount.
   
   Step Back to a Smaller Plan: If a customer wishes to step back to a smaller plan, ElloMind will review the request and may decide to allow the plan change by refunding the difference amount.
   In such cases, the actual amount paid per session will be refunded, not the standard cost of one session. 

4. Refund Turnaround Time: The refund turnaround time for ElloMind is 5-7 working days. This means, the refund will be processed in 5-7 working days and will be credited as per the payment gateway process.
    

Please note that all refund requests and plan changes are subject to review and approval by ElloMind.

PLAN PRICING

1. While the price of every plan is listed on the website, Ello Mind reserves the right to determine the selling price of the plan in every transaction. It can choose to apply discounts or premiums for specific users or groups of users.

2. Ello Mind reserves its right to change the charges for Services, at any time, without the requirement of any prior intimation to the User. Any such change shall be binding and effective on the User.
    

PAYMENT

1. We may charge for the chat, audio, and/or video-based counseling/ therapy sessions. Before availing of any such Service, we will apprise the User of the applicable charges for the said Service. In addition to these Terms, a User shall also be bound by the terms (if any) mentioned for specific Service(s).

2. User(s) can make payments through any of the following available options:
   • Internet Banking
   • Debit/ Credit Cards.

3. The User agrees and accepts that all nuances and modalities relating to making payment using Internet Banking/ Debit/Credit Cards (“Virtual Payment Mode”) shall be separately governed by arrangement(s) / terms and conditions between the User and the relevant banks. We shall not be responsible, in any manner whatsoever, for any liability that may arise in relation to the Virtual Payment Modes (including any fraudulent transaction).

4. While availing any of the payment method(s) available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to (a) lack of authorization for any transactions; (b) any payment issues arising out of the transaction or (c) decline of such transaction for any reason.

5. You understand, accept, and agree that the payment facility provided to us, is neither a banking nor financial service.
    

DISCLAIMERS

1. Ello Mind is not in the business of providing psychiatric care or treatment for severe mental illnesses including but not limited to suicidal thoughts.

2. The advice or information provided by counselors via the website is provided for informational purposes only and cannot be considered a substitute for an examination by a doctor or other mental health professional. You are advised strongly against relying solely on or making decisions based solely on advice provided by any counselor.

3. You understand and agree that although a counselor may be a qualified clinical or counseling psychologist or other mental health professional. Ello Mind disclaims any and all liability for any consultation and therapy services rendered by a counselor to you through the Website. You further acknowledge and agree that you take full responsibility for the decision to access an Expert through the Website and to continue to interact with such individual(s), and that the role of Ello Mind is strictly limited to providing access to such counselors to you.

4. The website is not a suicide helpline platform. If you are considering or contemplating suicide or feel that you are a danger to yourself or to others, you may discontinue the use of the services immediately at your discretion, and please notify the 

5. appropriate police or emergency medical personnel. You may find contacts of such emergency services here
    

PRIVACY AND SECURITY

1. You understand that by using the Website you consent to the collection, use, and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy.

2. You understand that Ello Mind cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

 

WARRANTY

1. The website is provided on an “as is” basis and use of the website are at the user’s risk. To the maximum extent permitted by applicable law, the website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Ello Mind or through the website will not create any warranty not expressly stated herein. Without limiting the foregoing, Ello Mind, its subsidiaries, its affiliates, and its licensors do not warrant that the content found on the website is accurate, reliable, or correct; that the website will meet your requirements; that the website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the website is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the website is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the website.

2. Ello Mind does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or service, and Ello Mind will not be a party to or in any way monitor any transaction between you and third-party providers of products or service

 

LINK TO THIRD-PARTY WEBSITES

The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Company. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site.

We are not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. We are providing these links only for convenience, and the inclusion of any such link does not imply endorsement by the Website, of the Linked Sites, or any association with its operators or owners including the legal heirs or assigns thereof.

On accessing the Linked Sites, you shall be governed by the terms of use, privacy policy, and other additional policies of the Linked Sites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, products, services or other materials available on or through any Linked Sites or for any errors, defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic material, or any profanity contained therein.

 

INDEMNIFICATION

1. You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms, or any use by you of the Website. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

2. In the event of a dispute regarding any transaction conducted via the website, you hereby relieve Ello Mind, its affiliates, their respective officers, directors, shareholders, employees, sub-contractors, and agents from all manner of actions, claims or demands, and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys’ fees, which member may have against one or more of the above.
    

APPLICABLE LAW AND DISPUTE RESOLUTION

1. This Agreement shall be governed by the laws of India, and the courts of Jaipur, Rajasthan shall have exclusive jurisdiction with respect to any dispute arising hereunder.

2. In case of any dispute, claim, or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Site, the Service, or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at the such office of Ello Mind as Ello Mind may designate. In the event the dispute is not resolved internally after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator appointed by Ello Mind. The place of the arbitration shall be Jaipur, Rajasthan. The proceedings shall be undertaken in English. The arbitration award shall be final and binding on the parties.

3. In accordance with the Information Technology Act, 2000 and the rules made there under, the name and contact details of the ‘Grievance Officer are provided below:
   Name: Teresa James 
   Phone No: +917012787346, 
   E-mail Address: ellomindindia@gmail.com
    

GENERAL PROVISIONS

1. Survival: In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by their nature should survive termination of these Terms will survive termination of these Terms, unless contrary to the pertinent provisions herein stated.

2. Severability: If any term or provision in these Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected.

3. Unenforceability: If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.

4. No Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or through mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).

5. Force Majeure: We shall not be liable for any failure to perform any obligations under this User Terms if the performance is prevented, hindered, or delayed by a Force Majeure Event, and in such case, our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.

6. Notices: Any notice required or permitted to be given to Ello Mind hereunder shall be in writing and sent or transmitted by (i) registered or certified mail; (ii) hand-delivery; (iii) email; or (iv) internationally recognized courier service, provided its receipt is acknowledged and, dispatched or sent or transmitted to the address specified Ello Mind. All notices required to be given under these Terms shall be addressed to
   Name: Ello Mind
   e-mail address: ellomindindia@gmail.com
   Ello Mind may give notice by means of a general notice on the Application, or by electronic mail to Your email address or a message on Your registered mobile number.

7. Advertisement: Ello Mind has the right to place advertisements and publicity materials of its choice including those of parties other than itself on the website.

8. Assignment: You may not assign or sublicense your duties, obligations, and rights under this agreement to any other party with the prior written consent of Ello Mind