Nityaga Health AI Service Terms
Version 3.1
1. Legal Validity
These Service Terms make up the agreement between you (“User”) and Nityagae Health aI Pvt. Ltd. (“Nityaga Health AI”) with respect to the use of the Nityaga Health aI Account, and any included individual service subject to these Service Terms.
Please, read these terms through carefully. By selecting “I accept the Service Terms”, you are deemed to accept these terms and to commit yourself to observing them. When representing a legal entity, you should ensure your due authorization to approve these terms before you select “I accept the Service Terms”. Otherwise, The Nityaga Health AI shall regard you, as the User of the Service, as personally responsible for compliance with these Service Terms.
With both Nityaga Health AI and the User (“Parties”) agreeing to comply with these Service Terms, these Service Terms shall be deemed to enter into force when Nityaga Health AI has informed the User of receipt and acceptance of the service order that he has made.
2. Definitions
“Content” refers to all information which is stored or processed through the Services. The Content includes, but is not limited, the following: software, data structures, images, audio, machine processed data,videos or written text.
“Nityaga Health AI Account” means User´s account for using the Services.
“Nityaga Health aI” refers to Nityaga Health AI Pvt. Ltd., Business ID 2637805-2, having its registered address at Miestentie 7, 02150 Espoo, Finland[b].
“Service” shall mean Nityaga Health AI Account service as well as any online services provided by Nityaga Health AI.
“Subscription” shall mean all the software and services that you have ordered or paid as a bundled subscription package from Nityaga Health AI.
“User” refers to a natural person or legal entity, which is bound by these Service Terms either by their acceptance or representation.
3.Right to use the Service and the Content
Nityaga Health AI grants to User a worldwide, non-sublicensable, non-transferable, non-exclusive, limited right to use the Services in accordance with these Service Terms. The right to use the Services is granted subject to the User strictly following these Service Terms and any other instructions that Nityaga Health AI may have for the Services, as well as applicable pricing for the Services.
By using the Services, the User grants to Nityaga Health AI and its suppliers operating the Services, a worldwide license to use, host, store, reproduce, modify, create derivative works, such as those resulting from translations, adaptations or other changes made so that the User´s Content works better with the Services, to communicate, publish, publicly perform, publicly display and distribute the Content. The rights the User grants hereby are for the limited purpose of operating, promoting, and improving Services, and to develop new services. This license continues even if you stop using the Services. Nityaga Health AI kindly reminds the User (i) to make sure that the User has the necessary rights to grant this license for the Content that the User submits to the Services, and (ii) that various services offered by Nityaga Health AI may have various terms applying to user´s contributions and such terms may differ from the terms set forth in these Service Terms.
4.Intellectual Property Rights
Any and all intellectual property rights to the Services and related materials shall vest exclusively on Nityaga Health AI or a third party, as may be applicable.
Nityaga Health AI acknowledges and agrees that the right that Nityaga Health AI obtains to the Content is merely a license subject to Section 3 above; Nityaga Health AI obtains no intellectual property rights to any Content or any other material that the User may provide to the Services.
In addition to the license above in Section 3 granted to the Content, you as User may decide to give Nityaga Health AI input or feedback (including but not limited to software code) on the Services or relating to your Subscription (“Feedback”). You grant to Nityaga Health AI, under all of your intellectual property rights, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free right to: (a) use, copy and modify the Feedback and to create derivative works of the Feedback, and (b) make (and have made), sell, offer for sale, lease and otherwise distribute any Nityaga Health AI software products or services using or containing the Feedback, (c) sublicense the rights to use the Feedback to enable the use of Nityaga Health AI´s possible products and/or services, and (d) assign the rights to Feedback to a third party in connection with the sale or assignment of the relevant business, operations or assets of Nityaga Health AI.
5.Limitations of Liability
5.1. The limitations of liability shall not apply to damages caused by willful misconduct, or gross negligence.
5.2. Nityaga Health AI does not make any express, implied or statutory warranties, including but not limited to the warranties of merchantability and fitness for a particular purpose, or arising from a course of dealing, trade usage or trade practice. Nityaga Health AI does not warrant, guarantee or make any representations regarding the use of the Services in terms of correctness, accuracy, non-infringement, reliability or otherwise. You rely on the Services and any related findings solely at your own risk.
5.3.Nityaga Health AI shall in no case be liable in contract, tort or otherwise for any loss of revenue, profit, business or goodwill or any direct, indirect, special, consequential, incidental or punitive cost, damages or expense of any kind however caused or however arising under or in connection with the Services. Because some jurisdictions do not allow this exclusion but may allow liability to be limited, in such cases Nityaga Health AI, its employees or licensors’ liability shall be limited to 5000 Rupees (five thousand rupees).
5.4. Nityaga Health AI or its suppliers are not responsible or liable for the deletion of or failure to store any Content and other communications maintained or transmitted through use of the Services. The User is solely responsible for securing and backing up its Content. Neither Nityaga Health AI nor its suppliers, warrants that the operation of the Services will be error-free or uninterrupted. The Services are not designed, manufactured, or intended for any type of high risk activities.
5.5. The User shall ensure that it shall not put any Content into the Service that is illegal or in any way violates the rights of third parties or is in some way abusive (“Violating Content”). In case the User would suspect any Content to be regarded as Violating Content, the User should contact Nityaga Health AI at email address raajesh@nityaga.com for Nityaga Health AI to investigate the matter further and remove such Violating Content wholly or partly, if necessary. Furthermore, the User hereby agrees and understands that Nityaga Health AI shall have the right to revoke the respective Nityaga Health AI Account and remove this kind of Violating Content from the Services.
6. Governing Law and Dispute Settlement
6.1. These Service Terms shall be governed by the laws of India.
6.2. All disputes arising out of this agreement shall be primarily settled through negotiations between the Parties. Should the Parties not be able to settle the dispute through negotiations, the dispute shall be finally settled in arbitration in Mumbai by one arbitrator. The Courts of Mumbai shall have exclusive jurisdiction over any dispute arising under these terms.
7. VALIDITY OF THE AGREEMENT
7.1. These Service Terms shall remain effective until the User or Nityaga Health AI terminates these Service Terms.
7.2. The User may terminate these Service Terms at any time by canceling his/her Nityaga Health AI Account.
7.3. These Service Terms may be terminated by Nityaga Health AI with a notice period of 1 month (30 days) or immediately for unlawful usage of the Services.
7.4. Nityaga Health AI shall always have the right to terminate these Service Terms with immediate effect, in the event that the User (i) does not remit payment outstanding within thirty (30) days of a written reminder of payment due, or (ii) otherwise breaches these Service Terms or other instructions applicable to Service or the Content thereof, as such instructions are given by Nityaga Health AI.
7.5. Nityaga Health AI shall also have the right to terminate these Service Terms and the Service subject to Nityaga Health AI´s service provider termination or discontinuation of the relevant service platform licensed by Nityaga Health AI for the purposes of running the Service. In such case, Nityaga Health AI shall inform the user without undue delay.
7.6. Upon termination of these Service Terms and the User’s right to use the Service, also the Subscription and all the User´s rights thereto shall be simultaneously terminated as a whole.
8. Personal Information
8.1. For the purposes of these Service Terms, personal information shall include but is not limited to: your name, email address, telephone number, profile, and any other information from which you can be identified (“Personal Information”).
8.2. Nityaga Health AI will hold and process any Personal Information received via Service for the purposes of providing Service for its users in the course of its business, including e.g. from time to time contacting its users and sending or requesting information relating to its business. Nityaga Health AI may pass such information outside Nityaga Health AI group only (1) if and to the extent a third party service provider has a strict need-to-know basis for such information to be able to provide its services to Nityaga Health AI, or (2) in order to comply with the law or requests of governmental entities. Given the global nature of Nityaga Health AI´s business, processing information for the above purposes may involve a cross-border transfer of the information provided to Nityaga Health AI.
8.3. In addition to the information submitted to Nityaga Health AI via the Service, Nityaga Health AI may collect information about the use of service, its tools and API’s, and visits to Service´s web pages to improve Nityaga Health AI´s services. This information includes but is not limited to: User and End Users IP address and browser cookies.
8.4. Please note that by sending your Personal Information to the Service you are explicitly consenting to the processing and transfer of such information in the way and for the purpose mentioned above.
8.5. You as the User shall have the right to request a copy of your Personal Information collected and saved by Nityaga Health AI in connection with running the Service. You as the User shall also have the possibility to change such Personal Information, and based on your request Nityaga Health AI shall change or remove or supplement your Personal Information in question. In such situations described in Nityaga Health AI’s privacy policy available at http://www1.nityaga.com/terms-conditions, the User shall send a written request thereof via email to address raajesh@nityaga.com.
9. Other Terms
9.1. Neither Party shall be liable for delays nor damages that result from obstacles beyond his control (force majeure) which he cannot be reasonably expected to have taken into account at the time of approving these Service Terms and whose consequences he also cannot be expected to have reasonably avoided or overcome. A labor strike, block, boycott and other industrial action is regarded as force majeure also when the Party is himself its object or is involved. The Party must report a case of force majeure without delay in writing to the other Party, also when no longer in effect.
9.2. The User shall have no right to transfer these Service Terms even in part without the written approval of Nityaga Health AI.
9.3. Nityaga Health AI may change these Service Terms by informing the User of such updates or changes. None of such updates or changes shall have any effect on the User´s on-going subscription period. Should you as the User not accept the updates or changes made by Nityaga Health AI, you shall have the right at your own discretion to cancel your subscription. For clarity, in case of your cancellation, none of the already paid subscription fees shall be returned or reimbursed by Nityaga Health AI.
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