This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read the Terms of Use and Privacy Policy (together hereinafter referred to as “Agreement”) carefully before using or registering on the Platform or accessing any material, information or Platform Services through the Platform. Your access to or use of the Platform (even when You do not avail of or provide any services on the Platform) or booking, purchase or availment of the Platform Services shall signify your acceptance of the Terms of Use and Privacy Policy and Your agreement to be legally bound by the same. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with the Platform for other services.

1.About Platform Services

a). You acknowledge that the Platform is a mobile application that allows You to avail services / buy products directly from the Company as well as from various Partners.

b). Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Platform, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Platform, or any of Services, immediately.

2.Acceptance of the Terms?

You accept the Terms by remaining on the Platform. Where the option is available in the user interface, you may also accept the Terms by clicking to accept or agree to the Terms.

3.About the Service

a.Wellbeing Platform is a service that enabled trainers to build, Diet track,share and mentise their content through their own branded app.

b.Free and subscription based accounts are currently offered. You acknowledge and agree that the accounts offered, as well as the account features may change from time to time, and may be governed by separate terms which apply specific to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by account-specific terms.

4.Security and Data Privacy

Bien App takes your privacy seriously and information provided through your use of the Platform and/or Services are subject to Wellness App’s Privacy Policy, which is available on the Platform. The Privacy Policy also addresses Fitter App Pty Ltd’s processes, policies, and obligations in respect of Fitter Platform security breaches.

5. Data Use

Bien App collects, stores, and processes your data on Wellness Platform. The data is used to provide Services to you, as well as to facilitate Wellness App business operations. The Privacy Policy outlined how your data is collected, stored, and processed by Wellness App . The Privacy Policy also addresses Wellness App processes, policies, and obligations in respect of data encryption and removal requests.

6.Subscription to use the Service

a.In order to access the Services, you must first purchase a subscription through the Platform (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription Fee'). After purchasing a Subscription, you will be considered a member (‘Member’).

b.In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use

c.Before, during or after you have purchased the Subscription, you will then be required to register for an account through the Platform before you can access the Services (the ' Account').

d.As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to name and email address.

e.You warrant that any information you give to Wellness App in the course of completing the registration process will always be accurate, correct and up to date.

f.Once you have completed the registration process, you will be a registered user of the Platform and agree to be bound by the Terms ("User"). As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the 'Subscription Period').

7.Payments

a.Subject to the terms of any applicable Software License Agreement, the Subscription Fee may be paid by all payment methods available on the Platform,and may change from time to time.

b.Payments made in the course of your use of Wellness Platform may be made using third-party applications and services not owned, operated, or otherwise controlled by Wellness App . You acknowledge and agree that Bien App will not be liable for any losses or damage arising from the operations of third-party payment applications and services. You further acknowledge and warrant that you have read, understood and agree to be bound by the terms and conditions of the applicable third-party payment applications and services you choose to use as a payment method for Fitter Platform services.

c.You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.

d.You agree and acknowledge that Wellness App can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription.