LifeCoach PhysioNish Terms of Services

Last updated: Sep 22, 2022

This Terms of Service Agreement sets forth the Agreement between Creators, Students and Unsolved.network, a platform and website run by Unsolved Network Pvt. Ltd.

Unsolved is a platform that allows “Creators” to launch a Learning Network, get their own education website, host courses & coaching programs that they sell to “Students” and create a learning network where their Students can discuss and collaborate.

The creators of these education websites are individually known as “Creator” and collectively as “Creators”.

Those who enroll in a course and/or join a learning network are individually known as “Student” and collectively as “Students”

Whenever the term “Unsolved”, “We” or “Us” or “Service” is used it refers to the entity mentioned above.

Any information that students or creators add about themselves, their companies and social presence will be individually known as “Profile” and collectively as “Profiles”

Any educational content created on Unsolved including, but not limited to courses, micro courses, live workshops, programs and more are all collectively referred to as “Courses”

Any other content created on Unsolved including, but not limited to, written articles, podcasts, videos, and more are all collectively referred to as “Content”

Any communication in the form of posts, comments, direct or group messages are collectively referred to as “Communication”

Irrespective of whether you are a Creator or a Student, you agree to abide by the Terms of Use, Privacy Policy, Acceptable Use Policy and the law of your country / state.

If you do not agree, please do not use the services on Unsolved.network

1. KEY TERMS OF SERVICE

  • Unsolved provides a platform on an “As-IS” model, intended to help Creators create an education website that Creators courses on a non exclusive basis. In as much as we listen to feedback, and try to incorporate feedback that impacts all customers, we cannot make changes to the software to suit just the purpose of a few

  • To use the Services, you agree that: 
    • you have either reached the “age of majority” in the country or province where you live, or your parent or legal guardian agrees to be bound by these Terms on your behalf.

    • You will use your real name and legitimate contact information while using Unsolved

    • If you are creating a course or learning network on behalf of a company, you agree that you have the requisite authority to do that on behalf of the company

  • Creators can create a learning network, launch courses, customise the page, invite students, create & share content, facilitate networking with virtual meetups, events & more

  • Students join communities created by Creators, create profiles of themselves and share information about themselves on their profile, with content and communicate with other students

  • Students are responsible to ensure they have the requisite rights to create profiles for themselves, share the content that they do, and use basic decorum

  • Unsolved.network enables Creators to Creator courses that help Students learn something new, but it is impossible to predict what that other Students may do with your courses or content (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share.

  • Unsolved is not liable for how Creators use the platform, the students who enroll in courses, their profiles, the content shared and the communication between students / creators

  • Liability always rests with the individual student or creator who has created communication / content or has committed an illegal act.

  • Students are the owners of their own profiles, content & communication, Students will have the right to delete their content or communication or account without the permission of Creators

  • Creators have complete control over what information is displayed in their learning communities, and have the right to remove students, hide content and hide communication so it is invisible to other students of the network

  • Unsolved does not claim any ownership to the content you create.

  • Students give the Creators rights to access their profiles, contact information, content & communication to relevant students within the learning network and to Unsolved

  • Unsolved will not arbitrate any issues between Creators or students. Unsolved will only share your communication or content with a third party if legally mandated to do so

  • Creators can terminate a course, or shut down a learning network without the permission of its students. Though we suggest that if a course has been bought and lifetime access guaranteed, then such courses be archived instead of deleted, so existing students can continue to access.

  • When a Creator opts for a Premium Plan and terminates the payment plan or violates this agreement, the students of the network will no longer be able to access the courses and that learning network. The network, courses, content and communication is placed in an archive and can be restored for 12 months. After which it will be deleted permanently

  • When a network is deleted, all the Content & Communication within that network will be deleted and will no longer be accessible to the Creator or students of the network.

  • Even after a learning network is deleted, Creators and students can retain their individual Profiles and utilise them to create or join other learning communities

  • Indemnification: You agree to release, indemnify, and defend Unsolved from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of Service, ii) Your Courses or Content, iii) your conduct or interactions with other Creators or Students of the Service, or iv) your breach of any part of this Agreement. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

  • You also agreed to release, indemnify, and defend other Creators and Students from all third-party claims and costs arising out or related to: i) your use of the Service, ii) Your Courses or Content, iii) your conduct or interactions with Creators or students, or iv) your breach of any part of this Agreement.

  • Creators & students have to abide by the Terms of Use, the Privacy Policy, the Acceptable Use Policy, the Copyright Policy, the Trademark Policy & Refund Policy

2. Unsolved Content and Materials

  • Our Content and Materials

    All right, title, and interest in the Service, including Unsolved buttons, badges, logos, widgets, text, images, design, software, documentation, source code, algorithms, graphics, photographs, video and audio files, other files, data, and the selection, arrangement, structure, coordination, and “look and feel” thereof (excluding Your Content, User Generated Content, third-party web services or third-party content linked to or posted within the Service) (collectively “Our Content and Materials”) are the property of Unsolved Network Pvt. Ltd. and/or its licensors Copyright ©2021. The Unsolved.network name and logo, the Unsolved mark, the Unsolved logo are trademarks and service marks of Unsolved Network Pvt. Ltd.. We retain all right, title, and interest in and to the Data and Our Content and Materials. Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials or Data without our express written permission.

  • Our Licenses to You.

    Subject to these terms, including our Acceptable Use Policy, we grant you a limited, non-exclusive license to use and access Our Content and Materials and the Service. If you are a Creator, subject to these terms, we also grant you a limited, non-exclusive license to use and access certain Data for the purpose of maximizing Student engagement and facilitating communications. We may terminate this license at any time for any reason. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.

  • No Endorsement or Screening.

    Please note that the Service contains access to third-party content and other interactions over which we have no control. We assume no responsibility for, nor do we endorse, screen, or approve the content, offerings, or materials made available to you within Unsolved, or the conduct of parties who participate in an Unsolved Learning network.

3. Rights and Obligations of Hosts

  • a. Contact Information of Members.

    The name and contact information of Students who register to join a specific Unsolved Learning network is made available to the Creator of that Learning network in order to facilitate communications.

  • b. Data Usage

    A Creator may use the contact information of Students solely to communicate with a Student for purposes related to a course or the Learning network or the reasonably assumed interests of the Student who has joined the Learning network. In no event may a Creator: i) sell contact information of a Student to a third-party, or ii) or use or disclose it for commercial purposes unrelated to the Unsolved Learning network or the interest of the Student who joined that Creators course or Learning network.

  • c. Representation and Warranty of Creators.

    If you are a Creator, it is important for you to respect and honor the trust of Students who join your course or learning network you have created. If you are a Creator, you represent and warrant that, in your communications with Students and handling of Data, you: i) will comply with all applicable laws and regulations; and ii) will honor the restrictions set forth in this agreement. If you are a CReator, you also represent and warrant that all advertising, sponsorships, and promotions you introduce to your Unsolved network will comply with all applicable laws, regulations, and industry guidelines, including but not limited to the FTC December 2015 guidance regarding native advertising. If you are a Creator with Students in the European Union, you represent and warrant that you have obtained user consent prior to sending emails outside of the Service, as EU law requires opt-in consent for emails. You must provide a means of opting-out of any emails.

  • d. Takedown Assistance.

    In the event that a party misdirects a takedown request directly to the Creator (within or outside of the Service), the Creator will redirect the takedown request directly to [email protected] within two (2) business days.

  • e. Data Processing Addenda.

    If you are a Creator, this Agreement includes the EU Data Processing Addendum. If you are a Creator, this agreement includes the CCPA Data Processing Addendum.

4. Integrated Services

You may enable various online services like Facebook or Google to be integrated into your Course or Learning network (“Integrated Services”). For example, you may be able to share or access your Unsolved activity with a payment gateway like Razorpay. To take advantage of these features, we may ask you to register for or log into the Integrated Services on the websites of their providers. By enabling Integrated Services in connection with the Service, you are allowing us to pass to, and receive from, these Integrated Services your login information and other Data for use in connection with the Service and/or the Integrated Services. For more information about the implications of activating these Integrated Services and our use, storage, and disclosure of information related to you and your use of such services within Unsolved (including but not limited to your friend lists), please see our Privacy Policy. However, please restudent that your use of any Integrated Services, and the manner in which any Integrated Services offer or perform their services and collect, use, store, and disclose your information is governed solely by the terms of use, privacy policies, and other policies of such third parties, and we shall have no liability or responsibility for the privacy practices or other actions of any Integrated Services or any other third party site or service, whether or not they are directly enabled within the Service

5. Premium Services

  • a. Fees.

    If you select a portion of the Service termed as a “Premium Service”, you agree to pay the applicable fee when you sign up. For a Premium Service, you will be required to select a payment plan and instrument for payment. For Premium Services, additional terms may apply, and you may be asked to agree to additional terms by separate agreement.

  • b. No Refund at Termination.
    • If you as a Creator terminate a Premium Service associated with an Unsolved network, we will not refund any payment for your unused Premium Service.

    • If we terminate your Premium Service for violation of the terms of this Agreement or our policies, we will not refund any amount paid for unused Premium Service.

6. Disclaimers and Limitation of Liability

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF Unsolved Network PVT. LTD. ENTITIES TO YOU. THIS INCLUDES ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:

  • WE ARE PROVIDING YOU THE SERVICE, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, UNSOLVED ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.

  • UNSOLVED MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY STUDENT, CREATOR, OR THIRD PARTY, (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SERVICE, INCLUDING AN INTEGRATED SERVICE PROVIDER (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY, CREATOR, OR STUDENT YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICE. UNSOLVED MAKES NO WARRANTY THAT (a) THE SERVICE OR ANY UNSOLVED network WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE SERVICE, OR ANY UNSOLVED network, WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY UNSOLVED network, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE.

  • YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, UNSOLVED WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT UNSOLVED SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE.

  • YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.

  • WITHOUT LIMITING THE FOREGOING, UNSOLVED MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO UNSOLVED IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

7. Dispute Resolution, Arbitration, and Class Action Waiver

We hope that our customer success team can resolve any issues you may have. However, if that does not work, then both parties agree to resolve any dispute arising out of these terms exclusively by individual, binding arbitration. The term “dispute” is to be given the broadest possible meaning that will be enforced, and will include disputes related to your use of the Service, this Agreement (including the scope of this provision), regardless of whether such disputes are based in contract, tort, statute, fraud, unfair competition, or some other legal theory. Disputes regarding privacy shall be resolved by the mechanisms outlined in our Privacy Policy.

The arbitration process can be a faster, simpler, less formal, and less expensive route than filing a lawsuit and going to court. In arbitration you are still entitled to a fair hearing, but your rights will be determined by a neutral arbitrator (and not a judge or jury). Arbitrator decisions are as enforceable as any court order, and are subject only to very limited review by a court. Each party is giving up the right to sue in court and to have a trial before a judge or jury.

Each party here agrees to try in good faith for 30 days to informally resolve any dispute before starting arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the dispute as well as the relief sought. If you want to send such a notice to us, send it to [email protected].

If we want to send such a notice to you, we will send it to the email address associated with your account. If the parties do not reach an agreement to resolve the dispute within 30 days after the date the notice was sent, then the parties may start arbitration as described below.

In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, and you are a resident of India, both you and us hereto shall use our best efforts to settle the dispute, claim, question, or disagreement. To this effect, you and us shall consult and negotiate with each other in good faith and, recognizing our mutual interests, attempt to reach a just and equitable solution satisfactory to both of us. If you and us do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered in India in accordance with the provisions of any applicable Arbitration Rules in India. In the event of any controversy or claim arising out of or relating to this contract and you are not a resident of India, you and us hereto shall consult and negotiate with each other and, recognizing our mutual interests, attempt to reach a solution satisfactory to both parties. If you and us do not reach settlement within a period of 60 days, then either party may, by notice to the other party and the International Centre for Dispute Resolution, demand mediation under the International Mediation Procedures of the International Centre for Dispute Resolution. If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim arising out of or relating to this contract shall be settled by arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution.

Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. By agreeing to these terms, you are waiving the right to participate in a class action. Further, unless the parties mutually agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this waiver is found to be illegal or unenforceable, then the parties agree that this entire section will be unenforceable, that any dispute will be resolved exclusively in a state or federal court located in Bengaluru, India, and that the parties both submit to the jurisdiction of such courts. If a claim proceeds in court rather than through arbitration, the parties waive any right to a jury trial.

This section does not: (i) prevent either party from litigating any dispute in small claims court; (ii) apply to disputes arising out of or related to infringement or other misuse of our intellectual property rights; or (iii) prevent either party from bringing a dispute to the attention of any federal, state, or local government agencies.

If you do not want to be bound by this binding arbitration provision and class action waiver, you must notify us within 30 days of the date that you first accept or receive these terms by sending a written notification to [email protected] that includes your actual name and Unsolved user name, address, and a clear statement that you do not wish to resolve disputes with us through arbitration.

8. General Legal Terms

  • a. Changes to these Terms.

    We may amend this Agreement (including any policies, such as that are incorporated into this Agreement) at any time in our sole discretion. If we amend the terms to this Agreement, such amendment will be effective after we send you notice of the amended agreement. Such notice will be in our sole discretion and manner of notification could include, for example, via email, posted notice on the Service, or other manner. You can view the Agreement at any time on https://www.unsolved.network. Your failure to cancel your account, or cease use of Unsolved, after receiving notification of the amendment, will constitute your acceptance of the amended terms. If you do not agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your account or to cease use of Unsolved.

  • b. Governing Law and Jurisdiction.

    You agree that Unsolved is operated in India and will be deemed to be solely based in Bengaluru and a passive service for purposes of jurisdictional analysis. For any claims for which arbitration is inapplicable, you agree that such claims will be brought in in the courts of Bengaluru, Karnataka, India.

  • c. Use Outside of India.

    Unsolved. expressly disclaims any representation or warranty that the Service complies with all applicable laws and regulations outside of India. If you use the Service outside of India, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Service.

  • d. Applications and Mobile Devices.

    If you access the Service through a Unsolved mobile application, you acknowledge that this Agreement is between you and Unsolved only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply.

  • e. Survival.

    The following provisions will survive expiration or termination of this Agreement: Sections Termination, Your Content and Your Responsibilities for Your Content, Data and Our Content and Materials, Representation and Warranty of Creators, any outstanding payment obligations pursuant to Premium Services.

  • f. Assignment.

    You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.

  • g. Electronic Communications.

    You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

  • h. Entire Agreement / Severability.

    This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Service and constitutes the entire agreement between you and us regarding the Service, except as provided for in Section 7. If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the agreement, which will remain in full force and effect.

  • i. Interpretation.

    In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.

  • j. Notices.

    All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us by you via [email protected]. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.

  • k. Relationship.

    This Agreement does not confer any third-party beneficiary rights and does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.

  • l. Waiver.

    No waiver of any terms will deemed a further or continuing waiver or such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.

  • m. Contact.

    Feel free to contact us at [email protected] with any questions about these terms.

  • n. Agreement to Terms.

    When you use the Service, you agree to the terms of use set forth in this agreement (including the Terms of Use, the Privacy Policy, the Refund Policy, the Acceptable Use Policy, the Copyright Policy & Trademark Policy), regardless of whether you are a registered user.

  • o. Changes to the Service.

    We are always trying to improve your experience on the Service. We may need to add or change features and may do so without notice to you.