In-app Terms of Use.

Welcome to The Way Home and BinaryBrilliance ("Platform" or "App"). The website www.thewayhome.app, www.thewayhome.app and www.thewayhome.app are owned and operated by Lyfebynary 0103 LLP ("Entity") with its registered office at B 2901 Adonia Building, Hiranandani Gardens, Powai, Mumbai - 400076. Collectively, the Platform and Apps are called the "Platform".

These Terms and Conditions ("Terms of Use") govern your use of the Platform, regardless of access means (computer, mobile, iOS, or Android). The Terms also govern all products, services and features on the Platform, and the access of the Platform and the use of the products or services, in any manner.

By accessing or using the Platform, you agree to the Terms of Use, Privacy Policy, and other policies (together "Policies"), and you agree that you have read, understood and agree with the terms of the Policies. If you disagree, please do not use the Platform. You are responsible for ensuring the legality of your access in your jurisdiction.

"You" refers to the user of the Platform in any manner (and is applicable to even users who access the Platform for mere browsing purposes).

The Entity reserves the right to modify the Terms or Policies at any time without notice. Updates will be posted on the Platform and take effect immediately and you agree to accept and be bound by the changes in the Terms of Use. Continued use of the Platform after updates implies acceptance. Please review the Terms, Policies, and updates regularly.

We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Platform. Your continued use of the Platform implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by the Entity in accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of Entity.

This Platform is intended for use by persons aged 15+ years only. Minors accessing the Platform must do so under guardian supervision, and the guardian and the minors shall be fully responsible for the compliance of the Terms of Use. The Entity does not knowingly collect information from minors. You are responsible for maintaining the confidentiality of your account and password, restricting access to your device, and accepting responsibility for all activities under your account. The information you provide is not confidential or proprietary and must not infringe third-party rights.

You may be required to submit a list of on-boarding documents as required from time to time, and you agree to provide the same.

If using the Platform on behalf of someone else, you confirm your authority to bind them to these Terms. If they refuse, you accept liability for any misuse of the Platform. You should report any suspected account security breaches immediately using the provided contact details. In such cases, the Entity may require a password change or suspend your account without liability.

The Entity reserves the right to refuse service or terminate accounts without notice if Terms are violated or deemed necessary. You are solely responsible for content shared through the Platform. Information provided will be handled per the Privacy Policy.

The Entity shall use reasonable efforts to endeavour that the products and/or services are of a reasonable quality. Notwithstanding the foregoing, the Entity does not provide any warranty, guarantee, representation or covenant with respect to any of the results, outcomes or features of the products or the services.

Entity does not warrant that the product or services on the Platform is accurate, complete, reliable, current or error-free. The software used by Entity may not be error-free and may not provide the results or outcomes you are looking for. The Platform may contain typographical errors or inaccuracies and may not be complete or current. The products and/or services may not deliver the intended outcomes which you are looking for.

Entity reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product or services.

The products and services available on the Platform are in the nature of household management services. Entity does not take any responsibility that the products and services shall provide accurate, correct or true spend analytics, benchmarks, trend patterns, alerts, pop-ups, auto-budgets, plans, calendars or any other outputs.

It is your responsibility that your use of the products and services is at all times in compliance with applicable law and that you do not upload any objectionable, false, incorrect, illegal, defamatory or violative content on the Platform.

Any recommendation made to you in the Platform during the course of your use of the Platform is purely for informational purposes and for your convenience and does not amount to endorsement of the product or services by Entity or any of its associates in any manner.

The Entity strives to provide accurate product and pricing information but errors may occur. Prices cannot be confirmed until a transaction order is placed. If a product or service is listed at an incorrect price or with incorrect information due to technical errors, the Entity reserves the right to refuse to process the relevant transaction.

Once you subscribe to a plan and have made the payment, you cannot cancel the plan and the plan shall be non-refundable.

Payments for the products available on the Site may be made by credit cards, debits cards, net banking, wallets, e-gift cards, and reward points. Credit card, debit card and net banking are instant payment options and are recommended to ensure faster processing of your order.

We reserve all rights to discontinue with, or suspend, or pause any payment methods from time to time.

User Content, including information, photos, text, software, music, graphics, videos, and other materials you upload or transmit, is your sole responsibility. The Entity is not liable for any issues arising from User Content.

The Entity does not monitor or endorse User Content and is not responsible for its accuracy, integrity, or quality. You may encounter content that is offensive or objectionable, but the Entity is not liable for any loss or damage caused by such content.

You agree not to upload any of the following content on the Platform:

• Which belongs to another person and to which the user does not have any right;
• is obscene, pornographic, paedophilic, invasive of another's privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes user harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
• is harmful to child;
• infringes any patent, trademark, copyright or other proprietary rights;
• deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify;
• impersonates another person;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence, or prevents investigation of any offence, or is insulting other nations;
• contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
• is in the nature of an online game that is not verified as a permissible online game; is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game.

The Entity reserves the right to refuse, modify, or remove User Content that violates these Terms or is deemed objectionable, and may terminate or suspend accounts for such violations without notice.

To request deletion of your User Content, please refer to the terms of the Privacy Policy.

Trademarks and Logos:

The "The Way Home" names, logos, and all related product and service names, design marks, and slogans are trademarks, logos, or service marks (collectively referred to as "Marks") owned by Entity.

Platform Content and Design:

All text, programs, products, processes, technology, content, software, and other materials, including the "look and feel" of the Platform, are the exclusive property of Entity.

The compilation (collection, arrangement, and assembly) of the content on the Platform is owned by Entity and protected under Indian intellectual property rights.

License and Usage:

Entity grants a limited, revocable, non-transferable, and non-exclusive license to access and use the Platform's content solely for personal, non-commercial purposes.

No right, title, or interest in any materials is transferred to the user as a result of downloading, copying, or using the Platform content.

Third-Party Intellectual Property:

All other intellectual property provided on the Platform to the extent not owned by Entity are the property of their respective companies.

Access to the Platform does not authorize any person to use the third-party intellectual property in any manner without the explicit permission of their respective owners.

Third-Party Licensed Materials:

Certain materials, software, or content on the Platform may be licensed to Entity by third parties. These materials remain the intellectual property of their respective licensors.

Entity explicitly disclaims liability for any unlawful or unauthorized use of such third-party Marks or materials.

Entity grants you limited, non-exclusive, non-transferable, non-sublicensable license to access, and make personal and non-commercial use of the Platform. All rights not expressly granted to you in these Terms of Use, are reserved and retained by the Platform and its affiliates.

Entity reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Platform and to block and prevent your future access the Platform.

This Platform is provided "AS IS," and the Entity makes no guarantees regarding the accuracy, reliability, or results of using its content. The Entity is not liable for any loss arising from reliance on the Platform's content or any results or outcomes thereunder.

Access to the Platform may be interrupted due to factors beyond the Entity's control, including internet issues or maintenance. The Entity reserves the right to modify or discontinue any aspect of the Platform at any time and is not responsible for any loss or damage resulting from the inability to access or use the Platform.

The Platform may provide general information on certain topics and encourages user interaction through questions and discussions. The Entity is not responsible for the accuracy, completeness, or usefulness of this information, and users rely on it at their own risk.

THE SITE IS PROVIDED "AS IS." NEITHER WE NOR OUR GROUP COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND SHAREHOLDERS ("GROUP") MAKE ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE SITE OR ITS CONTENT, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT WHERE SUCH WARRANTIES CANNOT BE LEGALLY EXCLUDED.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR GROUP BE LIABLE FOR: (a) BUSINESS INTERRUPTIONS; (b) ACCESS DELAYS OR INTERRUPTIONS; (c) DATA LOSS, THEFT, OR CORRUPTION; (d) DAMAGES RESULTING FROM OFF-WEBSITE LINKS; (e) VIRUSES OR SYSTEM FAILURES; (f) CONTENT INACCURACIES OR OMISSIONS; OR (g) EVENTS BEYOND OUR CONTROL. WE DO NOT GUARANTEE THAT ERRORS OR DEFECTS WILL BE CORRECTED.

FURTHER, TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) ARISING FROM THE SITE OR ITS USE, REGARDLESS OF LEGAL THEORY, EVEN IF ADVISED OF SUCH DAMAGES. OUR MAXIMUM LIABILITY IS LIMITED.

YOU AGREE THAT NO CLAIMS ARISING FROM THE USE OF THE PLATFORM OR THESE TERMS MAY BE FILED MORE THAN ONE (1) YEAR AFTER THE EVENT OCCURRED. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO STOP USING IT. WE HAVE NO ADDITIONAL LIABILITY OR RESPONSIBILITY TO YOU.

UNDER ANY AND ALL CIRCUMSTANCES CIRCUMSTANCE, THE GROUP'S LIABILITY SHALL BE LIMITED TO INR 1,000.

This disclaimer constitutes an essential part of this Terms of Use.

References on the Platform to third-party names, marks, products, services, or links to third-party websites are provided solely for your convenience. These references do not imply endorsement, sponsorship, or recommendation by the Entity, nor any association or relationship with the third parties.

The Entity is not responsible for the content or accuracy of third-party websites and makes no representations about them. Accessing such websites is entirely at your own risk. The Entity does not evaluate or assume responsibility for the offerings, actions, content, products, or services of off-website pages or linked websites, including their privacy policies or terms. You should carefully review the terms and privacy policies of all third-party websites you visit through the Platform.

These Terms of Use are effective unless and until terminated by either you or Entity. Even if you stop using the services you will still be liable for the period during which you have accessed the Platform in any manner.

You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Platform in any manner. Entity may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the Platform, such termination will be without any liability to the Platform.

Upon any termination of the Terms of Use by either you or Entity, you must promptly destroy all materials downloaded or otherwise obtained from this Platform, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the services already ordered from the Platform or affect any liability that may have arisen under the Terms of Use.

You agree to defend, indemnify, and hold harmless the Entity and the Group against all claims, liabilities, damages, losses, costs, and expenses, including attorney's fees, arising from your actions or inactions. This includes, but is not limited to, breaches of warranties, representations, undertakings, failure to meet obligations under the Terms of Use, or violations of applicable laws, regulations, or rights (such as intellectual property, privacy, or publicity). This clause remains effective even after the Terms of Use expire or are terminated.

The Terms of Use and Policies are governed by the laws of India, with exclusive jurisdiction in the Courts at Mumbai, India only.

Any disputes, including interpretation of the Terms and Policies, shall be resolved through arbitration by an independent arbitrator mutually appointed by the parties, whose decision will be final and binding. Arbitration will follow the Arbitration and Conciliation Act, 1996, as amended, with the seat and venue in Mumbai.

The Entity reserves the right to seek injunctive or interim relief from any competent court to protect its intellectual property, confidential information, or maintain the status quo pending arbitration.

For international orders, disputes will follow the international arbitration rules under the Indian Arbitration and Conciliation Act, 1996, with arbitration held in Mumbai.

You are prohibited from violating or attempting to breach the security of the Platform, including:

• Accessing data or accounts you are not authorized to access
• Attempting to probe, scan, or test system vulnerabilities or bypass security measures without authorization
• Interfering with services to users, hosts, or networks by submitting viruses, overloading, flooding, spamming, or crashing the Platform
• Sending unsolicited emails, including promotions or advertisements
• Forging headers or any part of email or newsgroup postings.

Violations may result in civil or criminal liability. The Entity reserves the right to investigate such violations and cooperate with law enforcement in prosecuting offenders.

You agree not to use devices, software, or routines to disrupt the Platform's functionality or any activities conducted on it. Additionally, you must not use unauthorized tools, agents, or mechanisms (e.g., spiders, robots, or avatars) to navigate or search the Platform.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and Entity with respect to the Platform/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.

Entity's failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.

You acknowledge and agree that these Terms and Conditions constitute the complete agreement regarding your use of the Platform, superseding all prior proposals, agreements, or communications.

The Entity reserves the right to modify these Terms at any time by posting updates on the Platform. Changes take effect immediately upon posting, and your continued use of the Platform constitutes agreement to the updated Terms. The Entity may terminate any rights granted under these Terms without notice, and you must comply immediately by ceasing use of the Platform if required.

These Terms do not create any agency, partnership, joint venture, or other joint enterprise between the parties. The Entity's failure to enforce any provision does not waive its right to enforce it later. If any provision is deemed invalid or unenforceable, it will be modified to reflect the original intent as closely as possible without affecting the validity of the remaining Terms. Headings are for convenience only and do not affect interpretation.