TERMS AND CONDITIONS

 

Acceptance of Terms and Conditions

By participating in the Program, you agree to comply with the following Terms and Conditions (hereinafter referred to as “Terms”). These Terms govern your participation and Services provided by the entity M/s GUTMAN SQUAD (hereinafter referred to as “we,” “our,” “us” and “Gutman Squad”.) As a Participant, you acknowledge and agree that you are medically fit to undertake this Program at your sole risk and responsibility.

 

1.Description of Services

At Gutman Squad, we offer a range of programs designed to help participants build healthy habits and sustainable lifestyle changes, and to empower participants with tools, strategies and guidance to improve overall wellness. We adopt a practical, holistic, and evidence-based approach to design lifestyle changes to manage metabolic disorders and to address certain health concerns.

Each Program is tailored to your unique needs and focuses on areas such as nutrition, fitness, stress management and habit formation to help participants achieve sustainable lifestyle changes. Each Program combines personalized coaching, and group sessions, and helps set achievable goals that are tailored to individual needs. The Program may be fully customized to align with your schedule. This personalized design ensures that the approach resonates with your specific requirements maximizing effectiveness and accountability.

Our dedicated team of virtual health coaches may serve as your health educators, accountability partners, and self-care advocates. They help empower you through education, support, and actionable guidance, helping you navigate your health journey and achieve measurable results.

NewME offers specialized programs, including but not limited to

1. Diabetes Care Program
2. Fatty Liver Program
3. Hypertension & Heart Care Program
4. Thyroid Care Program
5. Hormonal Care Program
6. Combat Cholesterol Program
7. Healthy Gut Program
8. PCOS Care Program
9. Fat to Fit Program

Detailed description of the Program and the features are provided in the links above.

2. Definitions

For the purposes of these Terms:

• “Community Guidelines” refers to the set of rules, principles and standards established by Gutman Squad to ensure a safe, respectful, and inclusive environment for all Participants using the Services or participating in the Program. The detailed Community Guidelines are outlined in Annexure B.
• “Content” refers to any information, data, or creative material, including but not limited to video, audio, photograph, images, animations, text, ideas, communications, messages, comments, software scripts, workouts and workout data, meal plans, fitness and training plans, nutrition information, copyrights, trademarks, patents, branding, logo and other intellectual property, applications and other assets, all of which may be provided, generated or made accessible through the Services and/or Program.
• “Gutman Squad Content” means all content that is not Participant-Generated Content, including but not limited to materials and resources developed and curated by Gutman Squad for the Program.
• “Participant-Generated Content” means any content generated by you, as a Participant, submitted, shared or otherwise provided through the use of Services or participation in the Program.
• “Participant” refers to any individual who registers for, or accesses, or utilizes the Services provided by Gutman Squad and/or enrolls in any of the Program(s) offered by Gutman Squad. A Participant may include individuals seeking personalized health guidance, wellness coaching, or participation in a structured Program tailored to their specific health and lifestyle goals. By engaging as a Participant, the individual agrees to abide by Gutman Squad’s Terms, Community Guidelines, and any additional policies associated with the Services and Program(s).
• “Program” refers to the specific health and wellness plan selected by the Participant from Gutman Squad’s portfolio of offerings. Each Program is a structured, goal-oriented plan designed to address specific health concerns or objectives, such as improving fitness, or achieving sustainable lifestyle changes. Program(s) may include services like virtual coaching, progress tracking, and personalized plans. Details of each Program, including their scope and deliverables, are outlined in the links above. Program provided by Gutman Squad is for lifestyle management and is NOT a substitute for medical treatment or professional healthcare services.
• “Services” refers to the collective offerings provided by Gutman Squad, including but not limited to personalized coaching, health education, tailored program design, virtual support, and any additional guidance or resources offered as part of the Program. These Services may be updated and modified by Gutman Squad to improve participant outcomes and/or for operational purposes.

3. Participant Obligations
   • Active Participation: You agree to actively engage with the Program, which includes but is not limited to responding to communications, attending scheduled sessions, and completing assigned activities. You acknowledge that the information you provide is vital for your progress tracking under the Program and agree to the usage of such information by us.
   • Accurate Reporting: You will provide accurate and timely updates on your lifestyle metrics, including but not limited to, water intake, calorie consumption, sleep patterns, and exercise routines. Inaccurate reporting may affect your end results.
   • Disclosure of Health Information:
     • You must disclose any pre-existing medical conditions, medications, or other relevant health factors during onboarding. Failure to disclose any relevant health information may result in adverse outcomes, for which we hold no liability.
     • You are required to disclose your complete medical history to us at the time of induction. Where required,  we may need you to obtain a obtain a certificate from a physician or doctor that you are in proper physical condition to undertake the Program offered at Gutman Squad.
     • You acknowledge and agree to disclose to Gutman Squad at the earliest if you are pregnant or are planning pregnancy or are a lactating mother.
     • Gutman Squad shall in no way be responsible for the Participant and their health and safety if the Participant fails to disclose their medical conditions to us.
   • Third-Party Applications: You may be required to use third-party apps to monitor and track progress in the Program. You agree to comply with the terms and conditions applicable to such third-party applications.

 

4. Privacy and Confidentiality
   • Data Usage: Any personal and health information you provide will be used solely for Program purposes and kept confidential in accordance with our Privacy Policy.
   • Group Communication Limits: Some features of the Program include but is not limited to group video call discussions, online training sessions, interactive forums and discussion groups (hereinafter referred to as “Interactive Areas”), where you may interact with others, including but not limited to other participants, trainers and health professionals. While we strive to maintain confidentiality, we cannot guarantee it in Interactive Areas. Participants are advised and encouraged to avoid disclosing personal information or sensitive health information in Interactive Areas. Any such information voluntarily disclosed by the Participant in the Interactive Areas shall be such Participant’s sole responsibility. Gutman Squadshall not be held liable for any consequences arising from such disclosures.
   • Data Security Measures: We employ industry-standard measures to protect your data and to prevent any unauthorized access, sharing or misuse of data.

 

5. Payments and Fees
   • The fees for participation in the Program shall be determined based on the specific Program selected by the Participant.
   • Unless, otherwise agreed, all invoices for fees are due and payable in full upon receipt. Gutman Squad may suspend or terminate the access to Program or Services if the Participant fails to make timely payments.
   • Gutman Squad reserves the right to revise or adjust the fees associated with the Program. In the event of any change in fees, Gutman Squad will provide reasonable prior notice to the Participant.
   • Gutman Squad may utilize third-party payment processors to facilitate transactions, and the Participant agrees to comply with the terms and conditions applicable to the payment process.

6. Refunds, Non-transferability of Participation, Program Termination
   • Refund Policy: All fees paid by the Participant are strictly non-refundable under any circumstances, including but not limited to withdrawal, cancellation, or termination of participation in the Program.
   • Non-transferability of Participation: Participation and enrollment in the Program is non-transferable. Regardless of the reason and circumstances, a Program opted and enrolled by you cannot be continued by another individual if you wish to terminate or opt out of the Program.
   • Termination by Participant:
     • If you wish to terminate your participation in the Program, you must provide at least seven (7) days’ notice to us.
     • Non-response by a Participant for seven (7) consecutive days will be considered as withdrawal from the Program by the Participant. In such cases of non-response, no refund shall be provided to the Participant by Gutman Squad.
   • Termination by Gutman Squad
     • We reserve the right to terminate your participation in the Program, if we are unable to provide the Services for reasons beyond our control. In such cases, we will give you at least seven (7) days’ notice of termination and we will provide pro rata refund for the services that have not been provided.
     • We reserve the right to terminate your participation in the Program or any service provided by us, without notice, for the breach of these terms and conditions or the spirit thereof. In cases of such breach and consequent termination, no refund shall be provided to the Participant.
     • We reserve the right to terminate or suspend your participation in the Program at any time under the following circumstances:
       • If, at our sole discretion, you have violated the Community Guidelines.
       • If, at our sole discretion, we determine that your actions or participation pose a risk or potential legal liability to Gutman Squad, the public, any third party, or other participants in the Program; and
       • In response to any legal notice.

7. Limitation of Liability

To the maximum extent permitted by applicable law, Gutman Squad, its affiliates, subsidiaries, partners, or third-party service providers shall not be liable to the Participant or any third party for any indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to loss of profits, revenue, data, goodwill, or other intangible losses, even if advised of the possibility of such damages. To the maximum extent permitted by applicable law, Gutman Squad’s total direct liability for any claims under these Terms, including for any implied warranties, shall not exceed the total fees paid by the Participant for the applicable Program or Services in the preceding three (3) months.

 

8. Indemnification
   • The Participant agrees to indemnify, defend, and hold harmless Gutman Squad, its affiliates, partners, and service providers from any losses, expenses, damages, liabilities, and costs (including legal fees) arising from:
     • Any false, incorrect, or incomplete information provided by the Participant, including declarations or disclosures;
     • Any injury, illness, or adverse health effects that the Participant may incur endure or suffer, during the course(s) of the Program, or as a result thereof;
     • Any injury, illness, or harm that the Participant may cause to any other Participant or observer of the Program or any third party;
     • Any actions taken by Gutman Squad in response to any injury, illness or incident involving the Participant.
   • Assumption of Risk and Release of Liability: By participating in the Program, you acknowledge and agree that you have fully read and understood all the associated risks and accept the associated risks. You voluntarily waive any claims against Gutman Squad for any injury, illness, or adverse outcome resulting from your participation.
   • You agree and acknowledge that this indemnification under Section 9 extends to any liability for injury or death of any person and/or damage to property caused by your negligent or intentional acts or omissions.
   • Waiver of Claims: You confirm that you consciously waive claims against Gutman Squad, and that you are being made fully aware of all risks.

9. Non-Medical Advice
   • Acknowledgement of Scope: You acknowledge that while Gutman Squad or its agents may include general physicians or healthcare providers, or medical practitioners, their role is strictly limited to providing lifestyle management services under the Program. You acknowledge and agree that participation in the Program does not establish any physician-patient relationship between you and Gutman Squad.
   • No-Medical Advice: You expressly acknowledge and agree that Gutman Squad and its agents do not provide medical advice and are not a substitute for professional medical diagnosis, treatment or examination. Before participating in any Program, activity, exercise, diet, or use of any product, program, workout, exercise or treatments discussed in the Program, you must consult with a licensed physician.
   • Participant Responsibility: You acknowledge and agree that any reliance on the advice, opinions, ideas and suggestions of any person associated with Gutman Squad is at your sole discretion and risk. You are responsible to consult with and follow up with your physician or other qualified healthcare provider or medical professionals regarding any health issues, concerns, or medical conditions that arise before, during or after participation in the Program.
   • Service Limitation:
     • You acknowledge and agree that the Program is strictly limited to lifestyle management and related guidance. Gutman Squad and its parties are under no obligation to diagnose, treat, or counsel you regarding any medical or health conditions discovered, evaluated, or discussed during the Program.
     • You acknowledge and agree that the services provided by Gutman Squad and/or its agents, including but not limited to healthcare professionals, dieticians, fitness coaches, and other professionals, under the Program are strictly limited to lifestyle management and related guidance.
     • You expressly agree that no services or advice beyond the scope of lifestyle management services shall be provided by Gutman Squad and/or its agents, and no such expectation shall be held towards Gutman Squad.
     • If you require assistance in finding healthcare professionals, Gutman Squad may refer you to certain doctors or healthcare professionals, whom you may choose to consult at your sole discretion. Gutman Squad assumes no liability for any advice, treatment, or services provided by such doctors or healthcare professionals.
   • No warranty for the lifestyle management services: You further agree that Gutman Squad and its agents do not warrant the accuracy, completeness, or adequacy of the lifestyle management services for any medical or treatment-related purposes.
10. No Warranties
    • Unless prohibited by applicable law, Gutman Squad expressly disclaims all warranties, representations, and guarantees of any kind – whether oral or written, express, implied, statutory, or otherwise – including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. All Services and Content are provided on an “as is” basis and “as available” basis, with all faults.
    • Without limiting the foregoing, and to the maximum extent permitted by applicable law, Gutman Squad makes no warranties or representations regarding
      • The quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any Services or any Content; and
      • The Services and/or the Program meeting Participant’s specific needs or producing specific results.
    • Any advice or information, whether oral or written, provided by Gutman Squad or its agents does not and will not create any warranty not expressly stated in these Terms. Additionally, Gutman Squad makes no warranties or representations regarding
      • Any Participant-generated Content or third-party content accessed through the Services or your Participation in the Program.
      • Content shared by users or third parties, as such content is solely the responsibility of the respective users or third parties providing it.
    • Assumption of Risk: By using the Services or participating in the Program, you acknowledge and accept that your use of the Services and your participation in the Program is at your sole risk.

 

11. Consistency and Outcomes
    • The success/outcome of the Program depends on your commitment to following the guidance/advice provided. Failure to adhere to instructions or attend scheduled sessions may result in less effective outcomes. Gutman Squad or its agents will not be held responsible for unsatisfactory results if the Program guidelines are not followed.
    • No guaranteed outcomes: Neither Gutman Squad nor its agents guarantee specific results from participation in the Program. You acknowledge that refunds or compensation will not be provided for any reason, including dissatisfaction.

 

12. Intellectual Property Rights
    • All Gutman Squad Content and all copyright, trademarks, design rights, patents and other intellectual property rights in the Program and Services belong to Gutman Squad and/or its partners or applicable third parties. Gutman Squad holds ownership of the marks used on our website and these marks are protected by both US and international trademark laws. All trademarks displayed on our website and in downloaded materials, whether or not accompanied by the trademark symbol(s), remain the property of Gutman Squad. You are permitted to use our trademarks for non-commercial, non-infringing purposes, such as when referring us in conversations, but you must not use them in a way that could mislead others regarding ownership or cause harm to Gutman Squad or the trademark owner.
    • Subject to your compliance of these Terms, Gutman Squad grants you a limited, revocable, non-transferable, and non-exclusive right and license to access and use the Gutman Squad Content for your own personal, non-commercial purposes. Unless expressly provided herein, you are strictly prohibited to use the Gutman Squad Content for commercial, business, or resale purposes. Unless expressly provided herein, nothing grants you a right or license to use Gutman Squad Content, including any content owned or controlled by any of our partners or other third parties. Unless specifically authorized by us in writing, you agree not to (and not to allow any third party to) duplicate, publish, display, distribute, modify, or create derivative works from your access to Gutman Squad Content through the Program and Services.
    • By participating in the Program, you consent to the use of your Participant-generated Content, including but not limited to photographs, videos, audio recordings, written content, testimonials, and reviews for promotional and marketing purposes, without any entitlement to compensation. After the completion of the Program or termination by Participant or Gutman Squad, Gutman Squad may retain the Participant-generated Content and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute your Participant-generated Content that otherwise has been shared and/or stored through the participation in the Program or the use of Services. However, if you wish to have any of your Participant-generated Content from Gutman Squad’s records, promotional materials, or platforms, you may submit a written request to Gutman Squad. Gutman Squad will review such requests and, at its sole discretion, determine whether removal is feasible, subject to operational, contractual and legal considerations.

13. Governing Law and Dispute Resolution
    • This Terms shall be governed by, and construed in accordance with, the laws of India.
    • You and Gutman Squad agree to resolve the dispute in good faith. If the dispute cannot be resolved within thirty (30) days, both the Parties agrees to submit to resolve the dispute through mediation. The mediation shall be conducted in Chennai, India and the mediator shall be mutually agreed upon by the parties. Each party shall bear its own costs and expenses associated with the mediation process.
    • If the dispute is not resolved through mediation, all and any disputes, legal action or proceeding arising under or in connection with this Terms shall be subject to the exclusive jurisdiction of the courts of Chennai, India.
    • You and Gutman Squad agree that if for any reason, a dispute proceeds in court rather than mediation
      • You and Gutman Squad waive any right to a jury trial;
      • The dispute will proceed solely on an individual, non-class, non-representative basis; and
      • Neither you and Gutman Squad may be a class representative or class member or participate in any class proceeding.
    • Notwithstanding the contrary, this Terms shall not preclude you or Gutman Squad from
      • Applying to the appropriate court of competent jurisdiction and seeking temporary restraining orders, preliminary injunctions or other interim relief in court, or
      • Filing claims in any state or federal court for disputes related to the violation or potential violation of Gutman Squad’s intellectual property rights.

14. Survival of Terms upon Termination

You and Gutman Squad agree that the provision of the terms that are intended to survive termination in order to fulfill their intent and purpose will remain in full force and effect. These terms shall include but is not limited to

1. Ownership of Content
2. Non-Medical Advice
3. No Warranties
4. Limitation of Liability
5. Indemnification
6. Governing Law and Dispute Resolution
7. Survival

15. Electronic Communication and Consent
    • By enrolling in the Program, you consent to receive electronic communications, including email, WhatsApp messages, and other digital notifications, from us.
    • Your use of Services or participation in the Program signifies acceptance of these Terms and forms a legally binding agreement between you and Gutman Squad.
    • You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

16. Miscellaneous
    • Amendment: Gutman Squad reserves the right to modify these terms and conditions from time to time. All the modifications and changes to the terms and conditions shall be communicated to the Participant through our official website. If there are any material modifications to the terms and conditions, the advance notice of the same shall be provided through our website and via email, where feasible. Unless otherwise required by law, modifications will not be applied retrospectively.
    • Non-transferability of Rights: The rights and obligations conferred under these terms and conditions are personal to the Participant and are non-transferable. Any attempt to assign or transfer rights under these Terms to a third party shall be invalid without the prior written consent of Gutman Squad.
    • Notice:
      • Our communication with you via email, mail, or notices displayed through the services constitutes acceptable notice under this Terms. You are responsible to ensure that your contact information is up to date.
      • Gutman Squad shall not be held responsible for any failure on your party to receive notice, including instances where emails are filtered by the email security system or where you have not updated your contact information.
      • All the notices sent via email or mail shall be deemed received after forty-eight (48) hours after being sent.

By participating in the Program, you acknowledge that you have read, understood, agreed to these Terms and Conditions. If you have any questions, please contact us before proceeding.

 

       Annexure B

Community Guidelines

Some features of the Program include but is not limited to group video call discussions, online training sessions, interactive forums and discussion groups, where you may interact with others, including but not limited to participants, trainers and health professionals. You are solely responsible for the use of the above-mentioned interactive areas. You should never post any Personal Data in the above-mentioned interactive areas. We assume no responsibility or liability for any loss or damage resulting from interactions with other participants in the Program, individuals who you meet while participating in our Program or individuals who may find you because of your participation in the interactive forums. Gutman Squad shall have no responsibility and liability arising out of or in connection with any dispute between the Participants.

We, at Gutman Squad, strive to create a safe, supportive and inclusive environment for all. By engaging in our Program, you agree to follow the Community Guidelines mentioned herein and Participant-Generated Content and your participation in the Program will not violate the Community Guidelines. Violation may result in suspension or termination of access to our Program.

Respect and Inclusivity

• Always treat fellow participants, moderators, speakers and trainers with courtesy and respect.
• Do not post or share any content that is harassing, abusive, threatening, or embarrassing to others.
• Do not make any derogatory comments about sex, gender, age, weight, body type, disability, ethnicity, religion, or sexual orientation. We highly condemn any stereotypes and endorsements of violence are strictly prohibited.

Appropriate Content

• Do not share any kind of defamatory, obscene, pornographic, offensive, or hateful material.
• Kindly ensure that your contributions to discussions are constructive and relevant.
• Disagreeing in community discussions is acceptable. However, you must do so respectfully without mocking or insulting others.

Safety and Well-being

• Do not endorse or share unsafe practices such as extreme dieting or unapproved weight loss methods.
• Do not share content that promotes harmful behaviours such as self-starvation or purging.
• Always protect the safety of minors and other participants.

Privacy and Confidentiality

• Do not share personal or private information of yourself or others, including addresses, phone numbers, or sensitive data, including health information.
• Do not post private communications including but not limited to emails and text messages without explicit consent of the relevant person(s).

Intellectual Property and Legal Use

• You must share only the content you own or have the legal right to use.
• Do not post or distribute materials that infringe on intellectual property rights.
• Do not share content that breaches any legal duty or contractual obligation.

Identity and Misinformation

• Do not impersonate others or misrepresent your identity.
• Do not post deceptive content, fraudulent links, or misinformation.

No disruptive behaviours

• Do not spam, flood forums or post unsolicited advertisements.

General Conduct

• You must participate in discussions in good faith and we urge you to stay on topic.
• Do not involve in trolling or flame-baiting or provoking others.
• You urge you to ensure that your actions contribute positively to the community.

If we, in our sole discretion, determine that you are violating the above-mentioned Community Guidelines, Gutman Squad reserves the right to

• Remove content that violate these guidelines
• Suspend or terminate access for users who breach the rules.
• Report serious violations to appropriate law enforcement, if necessary.

By participating in Gutman Squad Program, you agree to uphold these Community Guidelines and contribute to a positive and supportive environment for everyone. Thank you for being a valued member of the Community.

While we strive to monitor violations of these Community Guidelines, we cannot guarantee that all Participants will comply with such Guidelines at all times. Gutman Squad shall not be held responsible or liable for any injury, harm, or inconvenience caused by objectionable Participant-Generated Content or another participant’s failure to comply with the Community Guidelines or these terms. If you believe or suspect that any other participant is violating the Community Guidelines, kindly report it to our support team at Gutman Squad.