TERMS OF USE

Please read the following Terms of Use carefully before using our platform.

1. Registration and Access

Minimum AgeYou must be competent under the Indian Contract Act, 1872 to use the Services. under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including without limitation, minors, un-discharged insolvents, etc. are not eligible to use the Services. Notwithstanding the foregoing, you may avail the Services through your legal guardian. If you do not confirm to any of these qualifications, you must not use our Services.

RegistrationYou must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.

2. Using Our Services

Services Our AI healthcare system relies on data about the user and their symptoms to understand their health status, identify and suggest possible causes for the given symptoms (assessment) and present options to address the identified causes as well as other health conditions (e.g. referring to a doctor/specialist or other health services for follow-up diagnostics, present information on how to manage the symptoms of the user).

What You Can DoSubject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as our Sharing & Publication Policy, Usage Policies, and any other documentation, guidelines, or policies we make available to you. What You Cannot Do - You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not:

• Use our Services in a way that infringes, misappropriates, or violates anyone’s rights.
• Modify, copy, lease, sell or distribute any of our Services.
• Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
• Automatically or programmatically extract data or Output (defined below).
• Represent that Output was human-generated when it was not.
• Interfere with or disrupt our Services, including circumventing any rate limits or restrictions or bypassing any protective measures or safety mitigations we put on our Services.
• Use Output to develop models that compete with Agastya.MD.

3. Software

Our Services may allow you to download software, such as mobile applications, which may update automatically to ensure you’re using the latest version. Our software may include open-source software that is governed by its own licenses that we’ve made available to you.

4. Corporate Domains

If you create an account using an email address owned by an organization (for example, your employer), that account may be added to the organization's business account with us, in which case we will provide notice to you so that you can help facilitate the transfer of your account (unless your organization has already provided notice to you that it may monitor and control your account). Once your account is transferred, the organization’s administrator will be able to control your account, including being able to access Content (defined below) and restrict or remove your access to the account.

5. Third Party Services

Our Services may include third-party software, products, or Services, (“Third Party Services”) and some parts of our Services, like our browse feature, may include output from those Services (“Third Party Output”). Third-Party Services and Third-Party Output are subject to their own terms, and we are not responsible for them.

6. Feedback

We appreciate your feedback, and you agree that we may use it without restriction or compensation to you.

7. Content

Content You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are individually and collectively referred to as “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services.

Intelligence Input In order to use our Services, you acknowledge and agree that you may be required to provide certain information about your health. This may include but is not limited to, your name, date of birth, biological sex, body height and weight, any medications you are taking (permanently or not), any allergies or intolerances, illness symptoms, potential causes of illness symptoms, pregnancy status, relevant and/ or related medical history, and your geographic location at the time of any assessments. Please note that providing some or all of this information is optional, but it may be necessary to access certain features or functionalities.

Ownership of ContentAs between you and Agastya.MD, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our rights, title, and interest, if any, in and to Output.

Similarity of Content Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services. Our assignment above does not extend to other users’ output or any Third-Party Output.

Our Use of Content We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe.

Opt Out If you do not want us to use your Content to train our models, and/or for research purposes, or wish to discontinue the Services provided by us, you can opt out by following the instructions in this Help Center article. Please note that in some cases this may limit the ability of our Services to better address your specific use case.

8. Accuracy

Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts.

9. When you use our services, you understand and agree:

• Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
• You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
• You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
• Our Services may provide incomplete, incorrect, or offensive Output that does not represent Agastya.MD’s views. If Output references any third-party products or Services, it doesn’t mean the third-party endorses or is affiliated with Agastya.MD.

10. Our IP Rights

We and our affiliates own all rights, title, and interest in and to the Services. We own and control all rights, including but not limited to, all names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights.

You grant us the right, at our sole discretion, to use and process your Content and Input provided to us by you. This includes the right to improve, modify, and create derivative works from your Content and personal information. All rights, title, and interest in such improvements, modifications, and derivative works belong solely to us.

You hereby assign to us all rights, title, and interest in and to any and all intellectual property arising out of or in connection with your use of the Services, including, but not limited to, any user Content/ Input created, developed or provided by you or for you in connection with your use of the Services. For better understanding of the use of such Content and Input, please refer to our Privacy Policy.

11. Information does not constitute Medical Advice

The Content and features of our Services including Output and other information made available through chat-box, and/or by any other means, are made available to You for general information only. SUCH INFORMATION DOES NOT CONSTITUTE MEDICAL ADVICE. If you have questions about a particular medical condition, treatment, etc with respect to your situation, please consult your personal doctor or other suitably qualified healthcare professional. YOU SHOULD NOT USE THE SERVICES IN ANY MEDICAL EMERGENCY.

12. Termination and Suspension

Termination. You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine that you breached these Terms or our Usage Policies.

• We must do so to comply with the law.
• Your use of our Services could cause risk or harm to Agastya.MD, our users, or anyone else.
• We also may terminate your account if it has been inactive for over a year and you do not have a paid account. If we do, we will provide you with advance notice.

13. Appeals

If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting our Support team.

14. Discontinuation of Services

We may decide to discontinue our Services, but if we do, we will give you advance notice and a refund for any prepaid, unused Services.

15. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

16. Limitation of Liability

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED ​​THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED RUPEES (INR 100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

17. Informal Dispute Resolution

We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending us notice through this form. We will do so by sending you notice to the email address associated with your account. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.

18. Severability

If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.

19. General Terms

You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in the interest of any business associated with our Services.

20. Changes to These Terms or Our Services

We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services due to:

• Changes to the law or regulatory requirements.
• Security or safety reasons.
• Circumstances beyond our reasonable control.
• Changes we make in the usual course of developing our Services.

21. To adapt to new technologies

We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you either via email or an in-product notification. All other changes will be effective as soon as we post them on our website. If you do not agree to the changes, you must stop using our Services.

22. Delay in Enforcing These Terms

Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible, and it will not affect the enforceability of any other terms.

23. Entire Agreement

These Terms contain the entire agreement between you and Agastya.MD regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and Agastya.MD.

24. Privacy Policy

We collect, process, and share personal information in accordance with our Privacy Policy and make reasonable efforts to protect and safeguard the personal information including Inputs shared by you. Please view our Privacy Policy to understand how we collect, process, share your information and maintain data security practices.

25. Governing Law

All claims arising out of or relating to these Terms shall be governed in accordance with the laws of India without reference to conflict of laws principles. You agree that all formal claims, differences, and disputes arising under or in connection with or in relation with the use and/ or processing of the Service, the Terms or any transactions entered into on or through shall be subject to the exclusive jurisdiction of the courts at Delhi, India and you hereby accede to and accept the jurisdiction of such courts.

26. Grievance Redressal

In the event of any violation of these Terms, any concerns and/ or grievances, please contact our Help Center or reach out to us at: