August 15, 2015
1. User’s Acknowledgment and Acceptance of Terms
- References to “third parties” include our contracting parties
- References to “content” include any information, data, communications, software, text, images, photos, video, graphics, music, sounds, and other material and services that can be viewed or used by users of the App, including, without limitation, comments, discussion groups, and other original content
2. Intended Purpose of the App
- To take all reasonable measures to keep participants’ information confidential
- To capture all health related data in a secure manner and to further protect participants’ confidentiality
- To ensure data privacy throughout the study
- To enable participants to receive their health status reports
- To enable us to capture the behavioral and life style change in the participants
3. Permitted Use of the App
4. Prohibited Use of the App
You are solely responsible for the substance of your communications through the App. Except as expressly set forth under “Permitted Uses of the App,” any other use of the App is prohibited without first obtaining written permission from us.
5. Consequences of Unacceptable Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the App with or without notice and for any reason. Without limiting the foregoing, any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship with us and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the App immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the App. We will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
Without limiting the foregoing, we reserve the right to terminate or suspend access to all or part of the App with or without notice to anyone whom we become aware is using the App in violation of law. IT IS YOUR SOLE RESPONSIBILITY TO USE THE SERVICES IN COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS OR ANY RULES OR REGULATIONS PROMULGATED THEREUNDER AND ALL APPLICABLE COPYRIGHT AND OTHER LAWS.
6. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the App is provided “as is” without warranties, conditions, representations or guaranties of any kind, either expressed, implied, statutory or otherwise, including but not limited to, any implied warranties or conditions of merchantability, satisfactory quality, title, non-infringement or fitness for a particular purpose. Arogya does not warrant the operation of its offerings will be uninterrupted or error free. You bear the entire risk as to the results, quality and performance of the App should the App prove defective. No oral or written information or advice given by Arogya or its authorized representative shall create a warranty. The App was designed to be a supplementary educational tool. You are advised to not solely rely on the App for any reason.
7. Limitation of Liabilities
To the maximum extent permitted by applicable law, in no event and under no legal theory shall Arogya or any other person who has been involved in the creation, production, or delivery of this App and its offerings be liable to you or any other person for any general, direct, indirect, special, incidental, consequential, cover or other damages of any character arising out of use of or inability to use the App, including but not limited to, personal injury, loss of data, loss of profits, loss of assignments, data or output from the App being rendered inaccurate, server down time, damages for loss of goodwill, business interruption, mobile failure or malfunction, or any and all other damages or losses of whatever nature, even if Argoya has been informed of the possibility of such damages.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the App.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
9. Right to Communicate with the User
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.