Acceptance of Terms
The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.
YOU AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT AND HENCE ELIGIBLE TO VIEW CONTENT OF THE WEBSITE.
Upbringy.AI is the author and publisher of the Application, and all variants, editions, add-ons, and ancillary products or services of the Application (including all files, images and videos contained in or generated by the software, and accompanying data, together). The Application may be used by Users (defined below) to avail Services and/or to find, access, manage and organize information including but not limited to personal or non-personal information, doctor/consultant information, appointments, prescriptions, laboratory and diagnostic tests, electronic medical records, billing, inventory, accounting details and other relevant information.
HEALTH CARE SERVICE PROVIDERS
“Health Care Service Providers” or “HSPs” are duly qualified doctors, nurses, paramedical staff, physiotherapists, consultants, medical equipment suppliers, laboratory service providers, other incidental and ancillary health care service providers who interact with Registered Users as part of the Services.
The data and information available on the Application may be categorised as follows:
1. Data and information generated or provided by Unregistered Users and Registered Users on the Application (“User Content”)
2. Data and information which the company (through itself or its contractors) has generated or procured for the Application and includes data and information generated or provided by HSPs (“Upbringy.AI Content”);
Membership, Accessibility and Usage Rights
License to access
Membership eligibility criteria
As required by law, you must be at least 18 years of age and have a sound mind to access and use the Application and Services. In case the Application or Services are to be accessed or used by a minor (i.e. a person less than 18 years of age), then the legal guardian/representative of such person shall register himself/herself as a Primary User and create the profile of the minor as a Secondary User. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website and Services offered through this Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.
A service user need not required to register with (website name) to visit and view the Website, however to access and participate in certain features of the Website, the user will need to create a password-protected account ("Account"). To create an account, you must submit your name and email address on the account registration page of the Website and create a password. Post registration, the service user shall be called as a “Registered User”. You can be either a “Primary User”, who can login into the account on the Application by providing their username and password or a “Secondary User”, whose profile has successfully been created on the Application under the account of a Primary User, by providing information that is true and accurate. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Upbringy.AI in providing you with a more customized experience when using the Website.
“Non-Registered Users” are users who have not successfully registered themselves on the Application. Non-Registered Users may not be provided access to certain areas of the Application.
Registered Users and Non-Registered Users shall individually or collectively be referred to as “Users”.
You will not share your log-in details with anyone. You are solely responsible for safeguarding your password and, if applicable, your Third-Party Site Password (collectively, "Passwords") at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account, whether or not authorized by you and you shall notify Upbringy.AI immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without Upbringy.AI’s permission, except in case of minor, whose usage shall be supervised by his legal representative. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website. Although Upbringy.AI will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Upbringy.AI or others due to such unauthorized use
You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete. You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Website for any purpose without Upbringy.AI's prior written approval.
You shall not in any manual or automated manner collect Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a "mirrored", competitive, or third party site.
You shall not in any way that transmits more request messages to the Upbringy.AI servers, or any server of a Upbringy.AI subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Upbringy.AI reserves the right to revoke these exceptions either generally or in specific cases.
You shall not recruit, solicit, or contact in any form Service Users for employment or contracting for a business not affiliated with Upbringy.AI without express written permission from Upbringy.AI. You shall not take any action that (i) unreasonably encumbers or, in Upbringy.AI's sole discretion, may unreasonably encumber the Website's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website or any third-party participation in the Website; or (iii) bypasses Upbringy.AI's measures that are used to prevent or restrict access to the Website. You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
All Services will be requested for, and provided to, the Primary User only. A Secondary User may avail the Services rendered to the Primary User as a beneficiary. The Primary User will be responsible and accountable for the Secondary User’s activity on the Application as if the Application and Services were being accessed and used by the Primary User. However, this shall not discharge the Secondary User from liability towards Upbringy.AI or its contractors or agents and Upbringy.AI shall have the right to proceed against Secondary User and Primary User, either jointly or severally, for acts and omissions of Secondary User that violate the Agreement.
You will use the Application and the features provided by the Application only in relation to and in compliance with all applicable Indian laws.
You will not use this Application or any feature provided by the Application for any purposes not intended under this Agreement.
In a situation where You avail of any Service outside India, which involves interaction with a HSP, you should have the advice and /or prescription given by such HSP validated by a local registered medical practitioner.
Certain Services are location specific. Depending on Your location, some Services may not be
available to You.
You will not deliberately use the Application in any way that is unlawful or harms Upbringy.AI, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Application.
As a User, you may have access to business sensitive information. You shall not share such information with Upbringy.AI’s direct competitors or use it for competitive purposes.
You understand that as part of your registration process as well as in course of your use of the Application, you may receive SMS or email communication or both from Upbringy.AI on your registered contact information. These communications will relate to your registration, Services provided by Upbringy.AI, transactions that you carry out through the Application and any such information found suitable of your attention by Upbringy.AI. Please note that Upbringy.AI will send these communications only to the mobile number that you provide on the Application. It is your responsibility to ensure that you provide the correct number for the transaction you wish to enter into. Further, Upbringy.AI may also send notifications and reminders to you for the features that you may be using on the Application. You hereby consent to receive such communications from Upbringy.AI.
Access and usage rights of users
Non – Registered User: A Non – Registered User is not permitted to access or make use of the Application for any purpose other than what is specifically permitted. An Unregistered User is specifically permitted to browse the Application without accessing any Services and to share the Application via social media applications.
Registered User: A Registered User is not permitted to access or make use of the Application for any purpose other than what is specifically permitted. A Registered User is specifically permitted to enjoy all the access and usage rights of an Unregistered User and access and use the Services subject to such limitations and restrictions as are prescribed under the Agreement or may be otherwise communicated to Registered User from time to time through any contact information shared by such user at the time of registration.
The Application may be used to access a variety of health-care and related services. Depending on the status of your registration and subject to the limitations and restrictions imposed by the Agreement or by Upbringy.AI, you may avail of the following services through the Application:
1. Online Consultations (through “Daadi” care team doctors and Healthcare Service Providers);
2. Home examination;
3. Long term care programs for chronic diseases;
4. Follow up service;
5. Second opinion service
6. Patient data storage service;
7. Built-in app features such as medicine reminders, storage and display of your medical records, information and history, including general medical information, outpatient records, discharge summaries, prescriptions, lab investigations and radiology reports along with information regarding your family members;
8. Such other services as may be intimated from time to time.
The aforesaid services are referred to as “Services”
The Services are non-transferable and only cover the Registered User.
You are advised not to use the “Granny” online consultation services in case of emergency or if you are in a critical condition.
If you are a Registered User but do not satisfy the above pre-conditions, please do not avail the online consultation services. Upbringy.AI will not be responsible or liable for any harm or loss that you may suffer if you elect to access those services.
All users, who are patients, and who opt for online consultation services, may be required to undergo an initial medical examination to ascertain and record medical history, medication history and medical status before video-consulting support can be provided.
Online consultation services may be provided via the following communication channels Call Center Helplines / Telephones / Mobiles / IM Chats / Online Chats / SMS & Text Chats with and without camera and video facilities at the sole discretion of Upbringy.AI. Reasonable efforts will be made to protect your privacy and confidentiality across Health Consultation Services.
The minimum age requirement of 18 years does not apply to any service that is open to children and adolescents from Age 1-18.
2. Prohibitions on submitted content
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, including your profile ("Profile"), the posting of your desired Service ("Want"), or the posting of any opinions or reviews in connection with the Website, the Service, the Service Professional, or the Service User ("Feedback") (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content" and the posting of Submitted Content is sometimes referred to as a "Posting" or as "Postings") that:
invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
contains falsehoods or misrepresentations that could damage Upbringy.AI or any third party;
is pornographic, harassing, hateful, illegal, obscene, defamatory, libellous, slanderous,
threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered as criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Upbringy.AI all of the license rights granted herein;
contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right;
is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a Upbringy.AI employee, agent, manager, host, another user, or any other person through any means;
advertises or solicits a business not related to or appropriate for the Website (as determined by Upbringy.AI in its sole discretion);
contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
contains advertising for Ponzi schemes, discount cards, credit counselling, online surveys or online contests;
contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of Upbringy.AI.
3. No discrimination
Discriminatory Postings. Indian laws prohibit any preference, limitation or discrimination based on race, colour, religion, sex, national origin, age, handicap or other protected class. Upbringy.AI will not knowingly accept any Posting which is in violation of the law. Upbringy.AI has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.
PROHIBITIONS WITH RESPECT TO SERVICES
While using the Website, you shall not:
post content or items in any inappropriate category or areas on the Website;
take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Website or using it for purposes unrelated to the Website);
USE OF SUBMITTED CONTENT
The Website may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content other than patient records, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, Upbringy.AI does not guarantee any confidentiality with respect to any Submitted Content. You agree that You are the owner of all rights (including all intellectual property rights) in the User Content that you post on the Application or provide to Upbringy.AI. To the extent permissible by law, you hereby grant Upbringy.AI a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content including the right to copy, distribute, display, reproduce, modify, adapt, the User Content, and create derivate works of the User Content.
You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the Website is provided on a non-proprietary and non -confidential basis. You agree that Upbringy.AI shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.
Upbringy.AI may also disclose user information including personal information if Upbringy.AI reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate Upbringy.AI’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behaviour (including, but not limited to, fraud).
Representations and Warranties
By using this website and application, you hereby represent and warrant that:
You are 18 years of age or older and that your use of the Application shall not violate any applicable law or regulation.
Where a minor may access or use the Application or Service, you will ensure that such access or use happens through your account and under Your personal supervision. Further, you accept to be accountable and liable for the activity of the minor on the Application, including in respect of the Services availed on the Application.
All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information.
You as a Registered User will use the Application solely for Your personal and non-commercial use. Any use of this Application or its content other than for personal purposes is prohibited.
You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that:
Upbringy.AI represents and warrants that:
1. it is a company duly organized under the [Companies Act, 2013] and has the power and authority to provide the Services and the Application;
2. it has all permits, approvals and licenses necessary to carry out the Services and in fulfilling its obligations hereunder;
3. by entering into this Agreement, Upbringy.AI does not violate any of the previous arrangements entered into with other entities to which it is a party;
Your ownership rights and license to upbringy.ai
You acknowledge and understand that the technical processing and transmission of the Website, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Upbringy.AI's disclaimers and right to remove
You understand that there are inherent risks involved in receiving medical services over a mobile/computer platform, which include:
Information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical decision making by a HSP;
Your HSP may neither be able to provide medical treatment to You nor provide for or arrange for care that You may require in the case of an emergency;
Delays in medical evaluation and treatment could occur due to deficiencies or failures of the Application;
Security protocols could fail, causing a breach of privacy of Your confidential medical information.
A lack of access to complete medical records may result in errors in medical judgment.
You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that Upbringy.AI is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Upbringy.AI with respect thereto, and agree to indemnify and hold Upbringy.AI, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that Upbringy.AI may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.
User may expect the anticipated benefits from the Services provided by Upbringy.AI, HSPs and its authorized representatives, but no results can be guaranteed. User’s condition may not be cured or improved, and in some cases, may get worse.
Upbringy.AI hereby disclaims any responsibility towards Users in terms of development, maintenance and updating of the Application.
Any modification, development, maintenance or updating of Application and any modification, transfer, license or assignment of the rights in the Application shall be done by Upbringy.AI as per its sole judgment and in its sole discretion.
The Application and Services provided by Upbringy.AI is provided “as is,” as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). To the fullest extent permitted by law, Upbringy.AI disclaims all liability arising out of the User’s use or reliance upon the Application, the Services, the Upbringy.AI Content, representations and warranties made by Upbringy.AI or any opinion or suggestion given or expressed by Upbringy.AI or its contractors and agents (including HSPs).
Specifically, Upbringy.AI disclaims any liability arising out of:
1. Any pre-existing medical condition; or
2. Any adverse drug reaction (due to any act or omission based on information found on the Application, or otherwise); or
3. Sudden escalation of a prior medical condition or medical situations that occur on account of omission of critical and material health information by a User.
Upbringy.AI assumes no responsibility, and shall not be liable for ways in which Your personal data is used. It is the responsibility of You alone to ensure that Your personal data is used in compliance to applicable privacy laws.
Upbringy.AI assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Application or the downloading of any material, data, text, images, video content, or audio content from the Application. If a User is dissatisfied with the Application, User’s sole remedy is to discontinue using the Application. Neither Upbringy.AI nor its contractors and agents (including HSPs) shall be liable to a User, monetarily or otherwise, for an occurrence wherein no medical or procedural negligence of Upbringy.AI or its contractors and agents is proven.
Information regarding HSP and Services:
Information regarding HSP and Upbringy.AI Services is intended for general reference purposes only. Such information often changes frequently and may become out of date or inaccurate.
You are encouraged to independently verify any such information You see on the Application with respect to a HSP that You seek to engage through the Application.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Upbringy.AI, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Upbringy.AI is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that Upbringy.AI is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact
Patient Consent & Privacy
You have the option of uploading Your identifiable health information including physical, physiological and mental health condition, and medical records and history on the Application which may be accessed by Upbringy.AI and/or HSPs using the Application, during the course of providing Services to you. If you are a Secondary User, your information may be provided to Us by the Primary User under whose account you are using and accessing the Application and Services. If you have not lawfully authorized the Primary User to do so, kindly reach out to us immediately at [email@example.com]. By continuing to access and use the Application and Service, you confirm that You have authorized Primary User to provide Your information to us.
We may collect various personal information from You when You use the Application and for the features provided by the Application.
Upbringy.AI is required by law to maintain the privacy and confidentiality of Your medical information. We assure to take Your privacy seriously and to maintain privacy and confidentiality of the information provided by You to Us. We, however, do not represent, warrant or guarantee that Our safeguards to prevent unauthorized access to your personal information is full-proof. Further, Upbringy.AI may itself have to access Your medical information (medical records, consultation history, transcripts etc.) in order to investigate any deficiencies, complaints or grievances that You bring to the notice of Upbringy.AI. You hereby specifically authorize Upbringy.AI to access Your medical information in such cases.
Upbringy.AI’s Rights to the Application and Intellectual Property Rights
Upbringy.AI owns or holds the licenses to all data and marks on the website
Upbringy.AI respects the intellectual property rights of others, and we expect the same from you. The Application, User Content and the Upbringy.AI Content are protected by applicable intellectual property laws.
The content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, algorithms in applications like Granny and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by Upbringy.AI. Other trademarks, names and logos on this Website are the property of their respective owners. Granny is artificial intelligence based system which intelligently correlates the co-occurrence of symptoms across time to figure out possible health issues. It is also capable of generating preventive red flags which helps people to keep themselves away from scarier health issues. The company expressly states that the red flags generated by its platform are completely preventive in nature (preventive diagnosis) and it does not replace the treatment offered by a medical practitioner. The company is not at all liable for any damages, in so whatever form, caused by the use of this app. As a User, you are granted a limited license to access and use the Application as per the terms of the Agreement. Through your use of the Application, by no means are any intellectual property rights impliedly or expressly granted by Upbringy.AI to you in respect of such works. When You use the Application in accordance with this Agreement, a limited royalty-free right is granted to You by Upbringy.AI to use Upbringy.AI content for personal and non-commercial use in India for the term of the Agreement.
Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on you any license to intellectual property rights, whether by estoppel, implication, or otherwise.
Data on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Upbringy.AI reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.
Upbringy.AI's license to you for the use of data and marks
The Website contains Upbringy.AI's Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and Upbringy.AI owns and retains all rights in the Upbringy.AI Data and Marks. The Website may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
Copyright Infringement Take Down Procedure
Upbringy.AI has high regard for intellectual property and expects the same level of standard to be employed by its users. Upbringy.AI may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at firstname.lastname@example.org
(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit Upbringy.AI to locate the material.;
(iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
(iv) information reasonably sufficient to permit Upbringy.AI to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
(vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice."
Upbringy.AI will make available qualified HSPs to render Services after carrying out appropriate background and reference checks.
It is hereby clarified Upbringy.AI obligation to carry out appropriate background and reference checks and to validate qualification of HSPs does not go beyond ensuring that the HSPs were registered with relevant state professional councils or central professional council at the time of engagement and had a certificate of good standing from the relevant professional council at the time engagement.
Subject to applicable law, Upbringy.AI will use commercially reasonable efforts to make the Services available to Registered Users 24 hours a day, 7 days a week, except for:
1. planned downtime that will be communicated in advance to Registered Users;
2. any unavailability caused by circumstances beyond Upbringy.AI’s reasonable control, including without limitation, cyber-attacks, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, or internet service provider failures or delays.
3. When such Service is rendered under a time-schedule, in which case, the obligation of Upbringy.AI under this clause shall be limited to making available such Service during the time-schedule. This obligation will also be subject to (i) and (ii) above;
4. When the Registered User is outside the operational coverage of Services.
Upbringy.AI has no responsibility towards Unregistered User for providing Services.
For the avoidance of doubt, it is hereby clarified that Upbringy.AI’ responsibility towards Registered User will be limited to the provision of the Services as per the terms and conditions of the Agreement.
If Upbringy.AI suspects any illegal, wrongful or fraudulent activity on the Application by any User, notwithstanding any other rights Upbringy.AI may have against such User, Upbringy.AI reserves the right to inform the relevant government or law enforcement authorities. Upbringy.AI will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
The Application and Services may be subject to certain limitations, such as, limits on storage space, limit on bandwidth, unexpected downtime, unavailability of HSPs due to unforeseen circumstances, etc.
Upbringy.AI reserves the right to schedule/reschedule/cancel appointments and swap HSPs at any time without prior intimation.
Upbringy.AI reserves the right to refuse Service at any time without providing any reasons. The terms
applicable to refund and cancellation are specified below.
Upbringy.AI will strictly adhere to and adopt all reasonable measures to ensure compliance to all central and state government regulations and directives as applicable from time-to-time.
Data Recording, Storage, Encryption & Usage
The information stored on the Application may be entered by You or by a HSP in the course of services provided by Upbringy.AI. The information collected as part of the Services may be stored on Your mobile device as well as on a third party cloud platform (“Cloud Service Provider”) or server (“Storage Service Provider”).
All video-consultations / IM chat consultations / text messages / audios / videos / transcripts / prescriptions / email and hard copy correspondences between Users, who are patients, and HSPs engaged by Upbringy.AI shall be recorded, saved and stored for record purposes and in the event such records are required to be produced as evidence on the direction of a court of law. Upbringy.AI may review this data from time to time for quality evaluation purposes. However, under normal circumstances, Upbringy.AI will not access any information that identifies You and shall either omit, mask or anonymize Your personal information at the time of quality evaluation.
It is hereby clarified that Upbringy.AI does not have the obligation to pre-screen or monitor User Content at any time. However, Upbringy.AI may elect to monitor any User Content and may modify or remove any User Content from the Application if Upbringy.AI determines in its sole discretion that such User Content is in violation of this Agreement or any applicable law and best practices. Where Upbringy.AI removes any User Content from the Application, Upbringy.AI will make reasonable efforts to inform the Registered User who had posted such User Content.
All User Content shall be recorded, saved and stored electronically on a secure cloud database/server managed by the Cloud Service Provider/ Storage Service Provider. Upbringy.AI shall take best efforts to ensure that the Cloud Service Provider/ Storage Service Provider uses appropriate levels of encryptions to protect data and takes all necessary precautions. Upbringy.AI will however not be responsible for any cyber data theft from its Application or the Cloud Service Provider’s/ Storage Service Provider’s databases.
Upbringy.AI shall maintain a detailed transaction & purchase history of Users online.
Upbringy.AI reserves the right to permanently delete User Content in case the User does not avail a Service for a period of five years.
Your use of this Application shall be subjected to the following terms and conditions:
1. You will observe and comply with the terms and conditions of the Agreement in letter and spirit;
2. You will provide full and accurate information about Your health, medical history and personal care needs;
3. You will strictly adhere to the advice and instructions given by HSPs from time to time;
4. You will not delete or modify any content of the Application including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
5. You will not decipher, decompile, reverse engineer, or disassemble the Upbringy.AI content;
6. You will not use any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Application;
7. You will not remove any copyright, trademark registration, or other proprietary notices from the Application. You further agree not to access or use this Application in any manner that may be harmful to the operation of this Application or its content;
8. You will not frame or hotlink or deep-link any Upbringy.AI Content;
9. You will not use the Application and / or Services in any way that is unlawful, or harms Upbringy.AI or any other person or entity, as determined in the Upbringy.AI’s sole discretion.
10. You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing” and “griefing” as those terms are commonly understood and used on the Internet;
11. You will not host, display, upload, modify, publish, transmit, update or share any information that —
belongs to another person and over which You does not have sufficient legal rights;
is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights(se), violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
Without prejudice to the rights that Upbringy.AI may have under other provisions of the Agreement, where Upbringy.AI has reasons to believe that a User has violated a term or condition of the Agreement, then Upbringy.AI shall, in its sole discretion:
Suspend provision of Services; and/or
Suspend the account of the User until there is enough information available with Upbringy.AI to determine whether the User had violated a term or condition of this Agreement; and/or
Suspend or terminate the account of the User where Upbringy.AI has determined that the User had violated a term or condition of this Agreement; and/or
Approach User to make good that loss or damage caused to Upbringy.AI as a precondition to revoke the suspension; and/or
Take any such action against the User as it permissible under law; and/or
Raise invoice of Services availed by the User; and/or
Disable and/or delete such User Content that is in contravention of the Agreement while preserving such information and associated records for the purpose of production to governmental authorities for investigation purposes.
PAYMENT, FEES AND TAXES
You agree to pay all Service fees, consulting fees, reasonable out of pocket expenses and other fees applicable to Your use of the Services, wherever applicable. While Upbringy.AI will strive to give you a fair estimate of fees in advance, the actual fee may be dependent on the type of Services that you purchase and may vary based on the number or duration of the Services subscribed to.
It is hereby clarified that unless specifically included in writing, the Services shall not include cost of medicines or additional tests and procedures such as blood tests, MRIs, CT scan, X-Rays etc. Where covered, these costs will be charged at pre-agreed rates to You.
You are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Upbringy.AI is in no way responsible for any of the taxes except for its own income tax.
The fees could be paid online through the facility made on the Application. Third parties support and services are required to process online fee payment. Upbringy.AI is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of Upbringy.AI.
At the sole discretion of Upbringy.AI, the fees could also be paid offline and be either collected personally from the User or required to be mailed to Upbringy.AI at the following address: #49, 74/6 & 74/7- Kritan Calista, T2, 4th Cross, Agara (V) 2, Bangalore, Karnataka - 560102.
All fees are exclusive of taxes. The payment process would be considered to be complete only on receipt of the amount to Upbringy.AI’ designated bank account.
An invoice for fees against Services received by You will be generated periodically and will be intimated to You on the Application. You may be requested to make the payment immediately or on a deferred basis, at the sole discretion of Upbringy.AI. In case the fees against Services are not received within the requested time-frame, Upbringy.AI reserves the right to stop provision of Services on immediate basis, permanently delete Your account and all information stored against your account and, suspend or terminate the Agreement. You will be solely responsible for the consequences of non-payment for the fees within the requested time-frame and have no right of recovery in any form against Upbringy.AI.
Upbringy.AI shall send an intimation of receipt of fee from You through an email within fifteen working days of receipt of fee.
ACTIVATION, DELIVERY, REFUNDS & CANCELLATIONS
For Services that require activation, an executive will get in touch with You within 3 business days of the purchase to help finish all paper formalities and activate the subscription and deliver all documents to the registered address within 10 business days of online purchase.
For Services that involve home visits, we will communicate the availability of the HSP at the time of providing the Service. If You wish to reschedule the home visit, you can select a preferred appointment date and time through the Application. While Upbringy.AI does not guarantee availability of appointment date and time, it will try and confirm appointment as per Your preference.
For all Upbringy.AI Services that require delivery, the estimated delivery date shall be provided to You on the Application at the time of placing the order.
Refund & Cancellation Policy
For internet based subscription Services, you are free to cancel the Service at any time. Upbringy.AI shall refund any unexpended advance fees paid by you at the time of cancellation of the Service. In case you wish to seek a refund of the advance paid by you because you do not agree with a modification to the Agreement, please write to [email@example.com]. We will process refund of the unexpended amount.
For all home based Services, Upbringy.AI shall provide refund if:
1. Upbringy.AI staff is not available or does not reach the customer as per scheduled date and time of appointment up-to a maximum delay of 24 hours;
2. Upbringy.AI Service is not as per the specification provided on the Application and/or the purchase order. Such refund shall be made by cheque or wire transfer and shall reach You within 21 days of acknowledgement of refund from Upbringy.AI’s end.
The Services are not a replacement to emergency services offered at hospitals and should not be accessed if the patient is in a critical condition. In case of emergency, please contact emergency services and/or rush to nearest hospital. Reliance on the services in case of any emergency conditions will not bind Upbringy.AI for any liabilities arising from the use of the app whatsoever.
You hereby agree to indemnify, defend, and hold Upbringy.AI, Upbringy.AI’s contractors, agents, representatives and other authorized users (Registered and Non-Registered Users, Patients, HSPs), and each of the foregoing entities’ respective contractors, agents, representatives, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i) Your use of the Application or Service (ii) Your breach of terms, conditions or provisions of this Agreement and (iii) any negligent or intentional wrongdoing on Your part.
MODIFICATIONS TO SUSPENSION OR TERMINATION OF WEBSITE/ APPLICATION
This Agreement will remain in full force and effect while You use the Application in any manner or capacity.
Modification or cessation of website/ application
Upbringy.AI reserves the right at any time and from time to time to modify or discontinue, add new functionality, remove existing functionality, and modify existing functionality to its Services as and when it deems fit, temporarily or permanently, and make any such changes available in newer versions of Application at its discretion with or without notice and in its sole discretion. You agree that Upbringy.AI shall not be liable to you or to any third party for any modification, suspension or discontinuance of Upbringy.AI services. Upbringy.AI reserves the right to automatically upgrade all Users to the latest version of its Services as and when it deems fit.
Termination by Upbringy.AI
Upbringy.AI may terminate its relationship with You after providing 30 (thirty) days’ prior written notice to Your registered email address. However, it does not prejudice Upbringy.AI’ right to refuse Service to You without providing any reason.
Upbringy.AI may terminate the Agreement without notice and with immediate effect where, in the sole opinion of Upbringy.AI:
1. Any material particular relating to personal and medical information furnished by a User appears to be untrue; or
2. A User is critical or unstable or dead; or
3. Provision of Services poses a risk to life of HSPs; or
4. Financial dues have not been paid by a User within requested time-frame; or
5. User fails to co-operate with HSPs or Upbringy.AI; or
6. HSPs and/or other Upbringy.AI resources are no longer adequate, available and/or suitable to accommodate User’s health requirements.
Suspension by Upbringy.AI
Termination by You
You can terminate his/her/its relationship with Upbringy.AI at any time by providing 90 (ninety) days’ prior written notice to firstname.lastname@example.org. We need this period to inactivate User account, only after verifying if there are any ongoing or pending Services. Upbringy.AI may require User to continue until the completion of an on-going Service should the situation warrant.
Effect of suspension/ termination
In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Upbringy.AI system.
Unless Upbringy.AI has previously cancelled or terminated your use of the Application/ Website (in which case subsequent notice by Upbringy.AI shall not be required), if you provided a valid email address during registration, Upbringy.AI will notify you via email of any such termination or cancellation, which shall be effective immediately upon Upbringy.AI's delivery of such notice.
Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of Upbringy.AI Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that Upbringy.AI shall not be liable to you or any third party for any termination of your access to the Website. Upon Termination of Service, Upbringy.AI retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted Upbringy.AI hereunder shall remain in effect for the foregoing purpose. In no event is Upbringy.AI obligated to return any Submitted Content to you.
Upbringy.AI shall not be liable to User or any third party for any claims or damages arising out of any termination or suspension of User’s account or any other actions taken by Upbringy.AI in connection with such account termination or suspension. In case such a condition arises, you agree to indemnify and hold Upbringy.AI, and its officers, managers, members, affiliates, successor, assigns, directors, agents, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.
Once User’s account has been temporarily or indefinitely suspended or terminated, User may not continue to use the Application under the same account, a different account or re-register under a new account.
NEGOTIATION OF TERMS OF SERVICE
Each Registered User hereby acknowledges and agrees that Upbringy.AI is NOT a party to any oral or written Agreement for Service or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Website.
APPLICABLE LAW, JURISDICTION OF COURTS AND DISPUTE RESOLUTION
The information provided under this Application and the terms and conditions therein are governed by and to be interpreted in accordance with Laws of India.
The Parties shall be bound to submit all disputes and differences howsoever arising out of or in connection with this Agreement to arbitration by 1 (one) arbitrator mutually appointed by the Karnataka High Court or such other appropriate authority under the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be Bengaluru, Karnataka. Subject to the aforesaid, the competent courts of Bengaluru, Karnataka shall have jurisdiction to grant urgent interim reliefs to the Parties. The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
Aspects of the Website and other Upbringy.AI services may be supported by advertising revenue. As such, Upbringy.AI may display advertisements and promotions on the service. The manner, mode and extent of advertising by Upbringy.AI on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by Upbringy.AI of any advertised products or services. You agree that Upbringy.AI shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website.
THIRD-PARTY LINKS, CONTACT FORMS AND PHONE NUMBERS
DISCLAIMER OF WARRANTIES
UPBRINGY.AI DISCLAIMS ANY REPRESENTATION AND/OR WARRANTY FOR THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF (I) THE APPLICATION AND ITS FEATURES; (II) HSP INFORMATION ON THE APPLICATION; (III) ANY SERVICE INFORMATION, CONTENT OR ADVICE AVAILABLE ON OR RECEIVED THROUGH THE APPLICATION (IV) ACCESS TO OR ALTERATION OF USER CONTENT OR UPBRINGY.AI CONTENT (V) TRANSMISSIONS OR DATA AND (VI) ANY OTHER MATTER RELATING TO THE APPLICATION AND / OR SERVICES.
UPBRINGY.AI MAKES NO WARRANTY OR REPRESENTATION THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED EXCEPT AS REQUIRED BY LAW.
UPBRINGY.AI ASSUMES NO RESPONSIBILITY AND/OR LIABILITY WITH RESPECT TO ANY INFORMATION WHICH YOU OR A HSP MAY POST ON THE APPLICATION AND YOU ARE SOLELY RESPONSIBLE FOR SUCH USER CONTENT POSTED ON THE SITE.
YOU AGREE THAT THE OPEN AND REAL-TIME NATURE OF THE PLATFORM MAKE IT IMPOSSIBLE FOR UPBRINGY.AI TO VOUCH FOR THE VALIDITY, AUTHETICITY AND HONESTY OF USER CONTENT. UPBRINGY.AI IS NOT RESPONSIBLE FOR ANY USER CONTENT ON THE APPLICATION, OR FOR THE CONSEQUENCES OF YOU READING OR RELYING ON SUCH CONTENT.
UPBRINGY.AI DOES NOT PROVIDE ANY GUARANTEE AND SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR THE FAILURE TO SEND ANY COMMUNICATION, NOTIFICATION OR REMINDER TO YOU WHETHER AS A FEATURE OF THE APPLICATION OR NOT.
UPBRINGY.AI SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY BREACH OR LOSS OF DATA INCLUDING PERSONAL INFORMATION CAUSED DUE TO EVENTS BEYOND THE CONTROL OF UPBRINGY.AI DUE TO TECHNICAL REASONS OR THIRD PARTY ACTIONS.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND UPBRINGY.AI AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHEREIS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. UPBRINGY.AI DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. UPBRINGY.AI DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. UPBRINGY.AI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY SERVICE PROFESSIONALS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL UPBRINGY.AI, OR ITS CONTRACTORS OR AGENTS (INCLUDING HSPS) OR ANY OF THEIR RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, ATTORNEYS, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY THE “PROTECTED ENTITIES”), BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA, GOODWILL OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE APPLICATION OR/AND THE WEBSITE, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE WEBSITE, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE WEBSITE IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (VII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER; OR (VIII) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UPBRINGY.AI HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO A USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR A USER’S USE OF THE APPLICATION EXCEED, IN THE AGGREGATE, INR 5000 OR THE AMOUNT OF PAYMENT AGAINST SERVICES THAT HAS BEEN DIRECTLY RECEIVED BY UPBRINGY.AI FROM THE USER IN THE PAST THREE MONTHS, WHICHEVER IS LOWER.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT UPBRINGY.AI SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT UPBRINGY.AI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN WEBSITE USERS ENTERED INTO INDEPENDENTLY OF THE WEBSITE.
THE WEBSITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY UPBRINGY.AI. UPBRINGY.AI DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. IN ADDITION, UPBRINGY.AI WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT.
Severability: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent e-mail, or mailed by prepaid internationally-recognized courier or otherwise delivered by hand or by messenger, addressed to such Party’s address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to Upbringy.AI:
#49, 74/6 & 74/7- Kritan Calista, T2, 4th Cross, Agara (V) 2, Bangalore, Karnataka – 560102.
If to You:
at the email address provided by You to us when You registered as a User. If You are a Secondary User, you agree to receive communications and be notified at the email address of the Primary User. No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Complete Understanding: The Agreement contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
Force Majeure: Upbringy.AI shall not be liable for any downtime or delay or unavailability of the Application caused by circumstances beyond Upbringy.AI’s reasonable control, including without limitation, cyber-attacks, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
Advertisement: Upbringy.AI shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Application.
Assignment: You may not assign or sub-license, without the prior written consent of Upbrigy.AI, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
Survival: Even after termination, the provisions of the Agreement with respect to Limitation of Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
Modifications: Upbringy.AI reserves the right to modify any part of the Agreement at any time without giving You prior notice. No part of the Agreement shall stand modified unless consented to in writing by Upbringy.AI.
When Upbringy.AI updates the Agreement, we will send an email to You on Your registered email id which will intimate You of the changes. Alternatively, Upbringy.AI may cause Your account to be logged-off in and make Your subsequent account log-in conditional on acceptance of the Agreement.
If You do not agree to the changes, please do not access or use the Application and the Services any further.