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Terms & Conditions

Terms & Conditions

1. Introduction

FelixaCare is a website and mobile application owned and managed by IntPurple Technologies LLP (“IntPurple Technologies LLP ”, “We”, “Us” and/or “Our”).

These terms and conditions (“Terms” and “Agreement”) are applicable to the use of FelixaCare available in the form of a website at www.felixacare.com and mobile application, and any of our websites, products and/or services that explicitly indicate the applicability of these Terms (collectively, “Service(s)”), by you (“You”, “Your”, “User” and/or “Customer”).  Please read this document carefully and ensure that You understand its contents before using Our Service(s).

FelixaCare is an app owned and managed by IntPurple Technologies to provide a method for communication between Users, and automated analysis of data. Communications between Users of the Service are inaccessible to IntPurple Technologies LLP . Certain data provided by Users may be analysed by the Service to provide a report. The reports generated by the Service are provided for aiding Users in their tasks only. These reports do not form medical opinion or medical advice, and are subject to final review, approval or modification by the User. The final diagnosis/feedback provided by Users is used to train the artificial intelligence in order to provide better results in future.

Use of the Service is subject to the following conditions, among others. The following list is provided for your convenience only. You must comply with all terms and conditions provided in this Agreement even if they are not mentioned in this list.

  • You must be a registered and licensed medical professional in your jurisdiction;
  • You must be at least 18 years old and capable of giving a valid consent;
  • You are responsible for everything that happens through the use of Your account;
  • Misuse of Services, abuse of Services and illegal behaviour are strictly prohibited, and may be legally prosecuted by Us;
  • Use of the Service on behalf of another person is strictly prohibited;
  • Payment gateway charges, bank charges and taxes must be borne by You;
  • All payments must be made on time.

If you do any or all of the following, you indicate that you have read, understood, and agree to the terms and conditions:

  • Explicitly accepting these Terms such as by ticking a checkbox;
  • Accessing the Service;
  • Creating an account on the Service;
  • Accessing an account on the Service;
  • Placing an order or making a payment;
  • Undertaking any other action that involves interacting with the Service.

The collection, use, storage, processing, transfer, and deletion of Your personal information is governed by the “Privacy Policy”, available at https://intpurple.com/privacy-policy/

These terms and the Privacy Policy are subject to change. Please see the date provided on this page and the pages linked above to know when these documents were last modified.

2. Access and Use of Service

  • Age and Competence. The Service is not intended for anyone under 18 years of age. Please do not use this Service if You are less than 18 years of age or otherwise not legally competent to accept this agreement. If You are under 18 years of age and have used the Service, please contact us immediately to remove Your information from the Service. You must be a registered medical professional in your jurisdiction, and Your jurisdiction must permit the use of Service. You agree not to use the Service if You are not a registered medical professional, or if Your jurisdiction does not permit the use of Service. If your jurisdiction requires the Service to be registered, You agree not use the Service. If in doubt, You must contact Us prior to using the Service.
  • Usage Limits. We may, at our sole discretion and without any notice, place technical or non-technical limitations on the use of the Service. We may change such usage limits from time to time.
  • Service Availability. We will do our utmost to ensure the availability and reliability of the Service, however due to the nature of the Internet, we cannot guarantee that Your use of the Service will be secure or error free, or that the Service will remain available.
  • Accuracy and Reliability of Information. The information, materials or services included in or available through this Service may include inaccuracies or typographical errors. The detections and analysis performed by this Service, and the outcomes provided by this Service, are based on artificial intelligence that has been trained on similar medical issues. This means that the detections and analysis are performed by a computer, and not by a trained medical professional. Outputs of this Service are not medical advice, and may be incorrect or inaccurate. The analysis performed by this Service must be used for the purpose of aiding trained medical professionals in the performance of their duties only. The analysis performed by this Service cannot be used for any medical procedure or medical advice without being verified by a trained medical professional.
  • Third Party Content. The Service may include content posted or made available by third parties (including but not limited to other users of the Service). You specifically agree that We are not responsible for any content sent using, posted on and/or otherwise made available by any third party.
  • Links to third party websites, apps or services. The Service may include links to third party websites, apps or services, or contact information for third parties (“External Services”). External Services may collect your personal information subject to their own practices and privacy policies. External Services may require payment. External Services may require You to agree to their terms. We are not responsible for Your interactions with external services, and the activities of external services.
  • Beta Services. We may occasionally offer the ability to test and provide feedback for new or upcoming features or services, or otherwise participate in the development of services (“Beta Service(s)”). Beta Services may be referred to or marked as ‘Beta’, ‘Testing’, or with a similar description. Beta Services are provided by Us for the sole purpose of testing and feedback in order to improve the Beta Services. Beta Services are not provided for general use, and must not be relied upon for any reason. All data provided by You or obtained by You through Beta Services is subject to destruction at any time without prior notice. Beta Services may contain known or unknown bugs, or may behave in an unexpected manner. If you choose to use Beta Services, You agree that We shall not be liable for any loss or damage of any kind that You may face as a result of Your use of such Beta Services, including but not limited to loss of data, loss of reputation, loss of income or other monetary loss, loss of or damage to equipment, or any other loss or damage of any kind. All risks associated with the use of Beta Services shall be borne solely by the User.

3. Customer Responsibilities

  • Accounts. The Service provides the ability to create an account. You are responsible for ensuring the safety and security of Your account, including but not limited to keeping Your login credentials secure. You are responsible for all activities that occur in Your account. You are responsible for ensuring that all activities that occur in Your account comply with these Terms.
  • Accuracy of Information. You agree to provide and maintain true, accurate, current and complete information about You.
  • Responsibility for Payments. You are responsible for timely payments in accordance with “Payments and Refunds” below.
  • Legality of Your Use. You are responsible for ensuring that Your use of the Service does not violate any law. Additionally, You must not host, display, upload, modify, publish, transmit, update or share any information that:
    • belongs to another person and to which You do not have any right;
    • 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;
    • harms minors in any way;
    • infringes any patent, trademark, copyright or other proprietary rights;
    • violates any law, rules or regulations for the time being in force in India and the territory where You access and use the Service;
    • 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 cognisable offence or prevents investigation of any offence or insulting any other nation;
    • falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file, text, information or data that is uploaded or otherwise provided by You;
    • consists of commercial solicitation, mass messaging, political campaigning or any form of spam; and/or
    • is likely to cause annoyance, inconvenience or needless anxiety.
  • Misuse, Abusive Use and Excessive Use. You must not undertake, permit others to undertake, promote undertaking, or otherwise engage in any of the following:
    • imposing an unreasonable or disproportionately large load on the Service of the infrastructure of the Service (for example, by way of querying an API at a higher rate than sustainable);
    • abusive or excessive usage of the Services or the infrastructure of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users;
    • misuse Services by interfering with their normal operation or attempting to access them using a method other than through the interfaces and instructions provided by Us;
    • intentionally cause errors or issues, such as by repeatedly performing an action that is discovered to cause errors or issues;
    • share an account between multiple people;
    • scan the Service for vulnerabilities except for the sole purpose of reporting such vulnerability to Us;
    • attempt to extract any information from the Service;
    • direct or indirect access to or use of any Services or content in a way that circumvents a contractual usage limit; and/or
    • direct or indirect access to or use of any Service to access or use any of Our intellectual property except as permitted under these Terms.
  • Third Party Information. You are responsible for ensuring that You have the necessary rights to use the Service and to provide information to Us. You must not provide any personal information (such as name, photo, images, medical data, biometric data, among others) regarding any third party to the Service without appropriate prior written authorization, such as from the third party or their legal guardian.
  • Legal Action by Us. We reserve the right to initiate and/or undertake any civil and/or criminal action for breach of this Section on Customer Responsibilities.

4. Payments & Refunds

  • Payments. If a payment is required to use the Service, You undertake to make all payments in a timely manner. You understand that failure to make any payment on time may result in suspension or termination of this Agreement, Your account, and/or Your ability to access and/or interact with the Service. We reserve the right to undertake any action permitted under these Terms or an applicable law for recovery of due payments.
  • Changes in Price. We reserve the right to, at any time, in our sole discretion and without prior notification, modify the price of any Service offered by Us, or to require payment for continued and/or future use of any Service that was previously provided by Us without any charge.
  • No Chargeback. Chargebacks are strictly prohibited under these Terms. You understand that initiation of a chargeback for a payment already made may result in suspension or termination of this Agreement, Your account, or the Service. We reserve the right to undertake any action permitted under these Terms or under any applicable law(s).
  • Cancellation. Cancellations are not permitted under this Agreement.
  • Refunds. Refunds may only be provided if they are applicable under the terms of this Agreement. Refunds, if applicable, shall be made to the same payment method or issuing bank from where the initial payment was received. We may refuse to provide refunds to an alternative account. Refunds will not include any taxes, payment processing fees, or other charges under ‘Taxes, charges and fees’ below. Refunds will only include the fees charged by Us in full or in part. The refund for the payment made by you to a third party(E.g. Hospitals, Clinics or Doctors) are sole discretion of the third party. You may contact the respective third party to get the payment back.
  • Right to Refuse Service. We reserve the right to refuse to provide any product or service to You without assigning any reason. If We refuse to provide any product or service to You, We will process refunds in accordance with the “Refunds” clause above.
  • Taxes, charges and fees. You shall be responsible for payment of all fees, costs and charges associated with the placement of any order for a product or service from Us, and You agree to bear any and all applicable taxes, charges and fees, including but not limited to any form of sales tax, use tax, value added tax, service tax, or any other form of taxation, duties and cesses, payment gateway charges, etc. You agree to pay all such taxes, charges and fees without withholding or deduction.
  • Exclusive Remedy. This Section on Payments and Refunds provides Your sole remedy and Our sole responsibility for situations covered by this Section. You understand and agree that this Section forms an essential basis for the Agreement.

5. Intellectual Property Rights

  • Our licenses to You. The Service, all materials incorporated in the Service, and all outputs provided by the Service (collectively, “Materials”) are protected by copyrights, patents, trade secrets and/or other proprietary rights. You shall not copy, reproduce, transmit, distribute or create derivative works of such content or information without prior express written authorization. Nothing contained in the Service should be construed as granting any estoppel or otherwise any license or right to use any trade names, trademarks, service marks without the prior written consent of the owner of such trade names, trademarks, or service mark. We also hold the copyright to the Service and all parts thereof as a collective work and/or compilation, including the selection, coordination and arrangement of the Service’s content. Your right to make use of the Service and any Material appearing on it is subject to Your compliance with these Terms. Modification or use of any Material for any purpose not explicitly permitted by these Terms or an express written permission by the Service Provider may constitute a violation of the relevant intellectual property rights, and is prohibited.
  • Your licenses to Us. You grant to Us a worldwide, royalty-free, sub-licensable, transferable and irrevocable license to use any information and/or data (including but not limited to data and/or information uploaded by You, diagnosis performed or decisions taken by You on the reports generated by the Service, and feedback or testimonials provided by You to Us) in accordance with these Terms and the Privacy Policy. In particular, and without limiting the foregoing, You grant the abovementioned licenses to Us to perform all actions necessary for the following purposes: (i) to provide the Service to You; (ii) to distribute copies of the data to third parties for the purpose of providing the Service to You, such as other users that You communicate with, hosting Your public posts, and providing such data to Our service providers to enable them to perform their tasks; (iii) to de-identify data; and (iv) to improve Our Services. If You are not the owner of the information or data, You undertake to obtain the necessary rights, licenses and permissions to grant such licenses to us. You agree that all rights in de-identified data or information are transferred to Us. You further acknowledge that We may undertake the following actions on de-identified data or information for any purpose and without any limitation: store, use, copy, share, transfer, redistribute, or perform any other action. 

6. Modifications

  • Modifications of this Agreement. We may modify this Agreement from time to time. If We do this, We will post the modified Agreement on this page and will indicate the date these terms were last updated. Any such modifications will become effective immediately for all new accounts created on the Service and all orders placed on the Service after the date of such update. For existing accounts and existing orders, the new terms will become effective fourteen days after the date on which they are posted (unless a longer period is provided by Us for such new terms to go into effect).
  • Modifications of the Service. We may, at any time and without prior notice, introduce new features, remove or stop offering old features, or modify existing features of the Service. We reserve the right to delete or modify information on the Service without prior notice. We reserve the right to stop offering the Service.
  • Modifications of charges and fees. We reserve the right to charge a fee to access any new feature or service. We reserve the right to charge a fee to access any feature or service that was provided without charge. We reserve the right to modify the fee or charge for any feature or service at any time.

7. Warranty Disclaimers, Limitation of Liability, and Remedies

  • Warranty Disclaimers.
    • Except as expressly provided herein, the Service is provided “as is” and “as available”. We expressly disclaim all other warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to, representations, warranties or conditions of title, non-infringement, merchantability, satisfactory condition or quality, fitness for a particular purpose or quiet enjoyment, to the maximum extent permitted by applicable law. Content and free services are provided “as is” and “as available” exclusive of any warranty whatsoever.
    • We do not represent or warrant that the product or Service will be uninterrupted, secure, error-free, virus-free, accurate or complete, or comply with regulatory requirements, or that We will correct all errors.
    • We do not guarantee, represent or warrant consultation results or identification of all issues. You shall remain responsible to evaluate the accuracy, reliability, completeness and usefulness of any and all information provided through the Service.
    • We will not be responsible for Your failure to store, download or create backups of Your information. Your information may be deleted from the Service after a reasonable period of time.
    • We will not be responsible for any failure to perform or delay in performing Our obligations under this Agreement to the extent that the failure or delay is caused by circumstances beyond Our reasonable control (such as Force Majeure events as provided below).
    • We shall not be liable for any indirect damage, including financial loss, such as loss of profit. The above shall apply even if We were advised of the possibility of such events or they were foreseeable.
    • Beta Services (as defined above) are provided without any warranty of any kind, at Your sole risk.
    • You specifically acknowledge that the Service does not provide a medical diagnosis, and that the Service may provide an incorrect analysis, report or diagnosis, by whatever name it may be called. The Service must be used by trained, registered and licensed medical professionals only. We shall not be liable for any death, injury, or any other loss or damage caused as a result of reliance upon an analysis, report or diagnosis provided by the Service, by whatever name it may be called.
    • All communications with other users of the Service are at Your sole risk. We shall not be liable for any information, advice, text, image, video or any other communication between You and any other user of the Service.
  • Limitation of Liability.
    • As far as permitted by applicable law, We and Our directors, officers, employees, agents, contractors and assigns shall not be liable for any direct, indirect, special, incidental, exemplary or consequential damages (including damages for loss of business, loss of profits, litigation or the like) arising out of:
      • The use of the Service;
      • The Material on the Service;
      • Websites, apps, or services linked from the Service, and the content, goods and/or services provided therein;
      • Any decision made or action taken by You or any third-party in reliance upon the information provided through the Service, including but not limited to any analysis, detection report, diagnosis or otherwise; and/or
      • The inability to use the Service and content contained therein (including but not limited to, death, injury, loss of profits, goodwill or savings, health, downtime, damage to or replacement of programs and data).
    • The above shall apply regardless of whether the action is based in contract or tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
    • In no situation shall Our liability arising out of or related to this Agreement exceed the total amount paid by You hereunder for the services giving rise to the liability in the three (3) months preceding the first incident out of which the liability arose, or INR Five Hundred (500), whichever is higher.
    • Nothing herein shall limit Your payment obligations under the “Payments and Refunds” clause above.
  • Remedies. Unless explicitly provided otherwise in this Agreement, in the event of a breach of this Agreement, Your exclusive remedy, and Our entire liability, will be the re-performance or re-delivery of the deficient service, of if we cannot substantially correct a breach in a commercially reasonable manner, cancellation of the relevant Service, in which case We will provide a pro-rated refund of the unused amount of the fee paid for the deficient Service as of the effective date of termination. In no event shall We be liable for providing substitute services.
  • Essential Basis. You acknowledge that We have set Our prices and entered into this Agreement in reliance on this Section on ‘Warranty Disclaimers, Limitation of Liability, and Remedies’ and the same form an essential basis for the bargain between the parties to this Agreement.

8. Indemnification

You agree to indemnify and hold Us and Our directors, officers, agents, employees, contractors and assigns harmless from and against any claim, suit, proceedings, losses, expenses incurred, attorneys’ fees, damages or costs awarded, or amounts paid in settlement, arising out of (i) unauthorized access by persons using Your login credentials, of data provided by You or to You, or (ii) a breach of the terms of this Agreement; or (iii) use beyond the scope of the intended use; or (iv) any combination thereof.

9. Terms and Termination

  • Term of the Agreement. This Agreement commences on the date User first accepts it and continues until it is terminated by either User or IntPurple Technologies LLP .
  • Termination by Customer. You may terminate this Agreement at any time by contacting us to deactivate Your account.
  • Termination by IntPurple Technologies LLP . We may terminate this Agreement and/or Services purchased or paid for under this Agreement and/or any account under this Agreement at any time with or without cause.
  • Refund or Payment upon Termination. If this Agreement is terminated by Us without cause, We will provide a refund for unused and unexpired balance in Your account for Services that have not been used by You. We reserve the right to refuse to provide a refund for termination by You, and for termination for cause by Us.
  • Surviving Provisions. The clauses titled “Payments and Refunds”, “Warranty Disclaimers, Limitation of Liability and Remedies”, “Indemnification”, “Term and Termination”, “General Provisions” and any other section or clause which by its nature survives termination or expiration of this Agreement shall survive the termination of the Agreement until such time that the obligations are fulfilled and/or those sections or clauses are no longer applicable.

9. General Provisions

  1. Entire Agreement. This Agreement constitutes the entire agreement between You and Us pertaining to the subject matter hereof and supersedes in its entirety all written and oral agreements between You and Us.
  2. Severability. User and IntPurple Technologies LLP  agree that if any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law or otherwise unenforceable, then User and IntPurple Technologies LLP  will attempt in good faith to make the changes necessary to such part of this Agreement in order to restore the original intention or approximate the original intention behind the removed clause. If such modification is not possible, such provision will be deemed to be null and void, and the remaining provisions of this Agreement will remain in effect.
  3. Force Majeure. You understand that there may be an occurrence of an event or effect that cannot be reasonably anticipated or controlled, which even by the exercise of reasonable diligence cannot prevent non-performance, and in particular, performance of the Service or fulfilment of an order or instruction. These occurrences and events include, but are not limited to: acts of God; acts of government; acts of war; acts of public enemies; acts of terror; strikes or other labour problems; pandemic; epidemic; floods; fires; earthquakes; civil unrest; riots; explosions; outages; general Internet brown-outs or black-outs or shortage of bandwidth; hardware failures; hacking, denial of service or ransomware attacks; actions of the elements; or other causes beyond Our control in the performance of this Agreement. Upon the occurrence of such event or effect, You agree to excuse performance under this Agreement and not hold Us liable for the delay in or failure of performance under this Agreement. Any such delay in or failure of performance shall not constitute default or give rise to any liability for damages.
  4. Assignment. You may not assign any of Your rights or obligations hereunder, whether by operation of law or otherwise, without Our prior written consent. We may assign this Agreement in its entirety, without Your consent, to our affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of Our assets. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
  5. Relationship between the Parties. User and IntPurple Technologies LLP  are independent parties and nothing in this Agreement shall make them partners, employees, agents, contractors, or other representatives of the other party hereto. Neither User nor IntPurple Technologies LLP  shall make any representation that suggests otherwise.
  6. Arbitration, Governing Law and Jurisdiction. Both User and IntPurple Technologies LLP  shall make every effort to resolve all differences amicably taking into consideration the cause for which User and IntPurple Technologies LLP  have purposed to enter into this Agreement. In the event of any unresolved dispute the same shall be settled in accordance with the laws of India, in particular the Arbitration and Conciliation Act, 1996 (as amended or replaced) by appointing a sole arbitrator with mutual consent. The decision of the arbitrator shall be final. The parties shall bear their own individual costs and the costs of the arbitration shall be borne equally by the parties. The venue of arbitration and the seat of arbitration shall only be at Bengaluru in India. The Courts at Bengaluru shall have the exclusive jurisdiction to enter the award. The language of the arbitration shall be English.
  7. Waiver. No failure or delay by IntPurple Technologies LLP  in exercising any right under this Agreement will constitute a waiver of that right.
  8. Interpretation. In this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other genders; references to statutes are to be construed as including all statutory provisions consolidating, amending or replacing the statute referred to; the word “or” shall be deemed to include “and/or”, the words “including”, “includes” and “include” shall be deemed to be followed by the words “without limitation”; references to articles, sections (or subdivisions of sections), clauses (or subdivisions of clauses), exhibits, or schedules, are to those of this Agreement; and references to agreements and other contractual instruments shall be deemed to include all subsequent amendments and other modifications to such instruments, but only to the extent such amendments and other modifications are not prohibited by the terms of this Agreement. The headings and sub-headings in this Agreement are for convenience only and do not affect the meaning of the relative section/clause.
  9. Contact Information. If You have any questions or to send notices of violations to this Agreement, please contact us at [email protected]

CONTACT

A- 307 , United Crossandra, Opposite Horamavu Lake, Hormavu Agara Bangalore, Karnataka , 560043
India

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