PLEASE READ THIS AGREEMENT CAREFULLY IN ITS ENTIRETY BEFORE USING THE APP. THIS APP IS ONLY INTENDED FOR USE BY INDIVIDUALS WHO HAVE COMPLETED THE AGE OF 18 YEARS OLD AND WHO ARE CITIZENS OF INDIA.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE APP. PLEASE UNINSTALL THE DEEPGENIX APP IF YOU HAVE DOWNLOADED AND YOU DISAGREE TO ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT COMPANY’S (WHICH HAS BEEN DESCRIBED HEREINUNDER THIS AGREEMENT) LIABILITY TO YOU. BY DOWNLOADING AND/OR USING THE APP, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE FULLY READ AND UNDERSTAND THIS AGREEMENT, THE PROVISIONS, DISCLOSURES, AND DISCLAIMERS SET FORTH IN THIS AGREEMENT. FURTHER BY DOWNLOADING AND/OR USING DEEPGENIX APP, YOU AGREE THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE FAIR AND REASONABLE, AND YOU AGREE TO FOLLOW, ABIDE AND GOVERN BY THIS AGREEMENT VOLUNTARILY. FURTHER YOU AGREE THAT YOU HAVE DOWNLOADED AND/OR USING DEEPGENIX OUT OF YOUR FREE WILL AND FREE CONSENT WHICH IS NOT THE RESULT OF COERCION, UNDUE INFLUENCE, FRAUD, MISREPRESENTATION OR MISTAKE AND NO FRAUD, DURESS, OR COERCION, UNDUE INFLUENCE, FRAUD, MISREPRESENTATION OR MISTAKE HAS BEEN EXERCISED UPON YOU BY ANY PERSON OR ENTITY INCLDUING THE DEEPGENIX LABS PRIVATE LIMITED COMPANY.
This End User License Agreement (“Agreement”) shall mean and include the terms and conditions sets forth upon which you i.e. the user of the APP and/or whoever may so download and use the DeepGenix health diagnostic application including related services, and all updates, enhancements, and upgrades provided to you i.e. the user of the APP and/or whoever may so download and use the DeepGenix health diagnostic application including related services, and all updates, enhancements, and upgrades (hereinafter collectively referred for sake of brevity to , “DeepGenix”) developed by DeepGenix Labs Private Limited (hereinafter referred to as “Company”, which expression shall unless it be repugnant to the context or meaning hereof shall be deemed to mean and include (i) in the case of the “Company” being a sole proprietary concern / individual - the heirs, administrators, executors, legal representatives
and permitted assigns of the Proprietor; (ii) in the case of the “Company”, being a partnership firm - the partners for the time being and from time to time of the firm, the survivor or survivors of them, their respective heirs, administrators, executors, legal representatives and permitted assigns and (iii) in the case of the “Company”, being a Company - its successors and assigns (as the case may be) (iv) in the case of the “Company” being a Trust- The trustees from time to time of the trust, administrators, beneficiaries and the survivor or survivors of them, executors, legal representatives and permitted assigns and/or its authorized distributors. “You”, “your”, “yourself” shall mean and include you, an individual, sole proprietary concern / individual, partnership firm, Company, Trust as the user of the APP and/or whoever may so download and use the DeepGenix health diagnostic application including related services, and all updates, enhancements, and upgrades.
1. NO MEDICAL ADVICE AND NO MEDICAL TREATMENT
1.1 Company does not provide medical advice, diagnosis, or medical treatment through the DeepGenix App that has been developed by the Company and which has been downloaded by you.
1.2 The DeepGenix App has provided general information purposes only and shall not and/or does not provide medical advice or diagnosis of user’s health. Any information in the DeepGenix App is designed for educational material only and should not be taken as a recommendation for treatment for any particular disease. Company shall not be held liable and/or responsible for the recommendations of any treatment for any particular disease generated through the DeepGenix App. Company makes no representations, warranties and/or guarantees, whether express or implied, that such information generated through the DeepGenix App is accurate, complete or up to date.
1.3 You further acknowledge and agree that Company does not provide or endorse any medical advice on or through the DeepGenix App and no information obtained through the App can be so construed or used by the user of the DeepGenix App.
1.4 Company shall have and exercise absolutely no control, authority, or supervision over the provision of any medical services obtained and/or to be obtained by the user of DeepGenix App. The use of the App, all text, graphics, images, audio content, audio-visual content, data, other materials and any other information provided on or entered into or made available through the DeeGenix App, including all health related information of the end user.
1.5 DeepGenix App user, whether provided by you, the entity and/or organization with which you are employed or otherwise affiliated, and/or other third parties (collectively hereinafter referred to as “Content” for the sake of brevity) shall be solely your responsibility.
1.6 Company will make all reasonable efforts in accordance with applicable laws and agreements to safeguard the integrity and availability of the Content. Further, when using the DeepGenix App, information may be transmitted over a medium that may be beyond the control and jurisdiction of the Company and its suppliers. Hence, Company shall not be held liable and/or responsible for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the DeepGenix App that is reasonably determined to be beyond Company’s control.
1.7 Further, you acknowledge and agree that you are solely responsible for all medical services, advice, instructions, diagnoses, treatments, procedures, and other services you provide in connection with using the DeepGenix App or otherwise and the Company shall not be held liable and responsible for all medical services, advice, instructions, diagnoses, treatments, procedures, and other services you provide in connection with using the DeepGenix App or otherwise under whatsoever nature and/or whatsoever may be the case.
1.8 Under no circumstances should use of DeepGenix App be construed and/or considered as doctor – patient relationship. Since all medical treatments are ever-evolving and the information contained in the DeepGenix App should not be considered error-free or comprehensive while every precaution has been made by the Company to keep the DeepGeneix App up-to-date.
1.9 Users of the DeepGenix App ought to consistently seek advice of their surgeon, doctor and/or specialist doctor before utilizing any such data to make any decisions based on the information and/or output gernerated by DeepGenix regarding their health.
2.1 By receiving, opening the file package, DeepGenix APP and/or using DeepGenix and all related version referred as DeepGenix ("APP") containing this APP, you agree that this End User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it.
2.2 You further agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
2.3 Unless you have a different license agreement signed by DeepGenix your use of DeepGenix indicates your acceptance of this license agreement and warranty.
2.4 Subject to the terms of this Agreement, DeepGenix grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use DeepGenix in accordance with this Agreement and any other written agreement with DeepGenix.
2.5 DeepGenix does not transfer the title of DeepGenix to you whatsoever may be the condition; the license granted to you is not a sale which you please note.
2.6 This agreement is a binding legal agreement between DeepGenix and the purchasers and/or users of DeepGenix.
2.7 If you do not agree to be bound by this agreement, remove/uninstall DeepGenix from your cellphone now and, if applicable, promptly return to DeepGenix by mail any copies of DeepGenix and related documentation and packaging in your possession.
3.1 DeepGenix and the licenses and/or user and/or purchaser herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part. For information about redistribution of DeepGenix contact DeepGenix.
4. USER AGREEMENT
4.1 Your license to use DeepGenix is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of DeepGenix
5. RESTRICTIONS ON USE
Except as expressly set out in this EULA or as permitted by any local law, you agree:
5.1 You shall use DeepGenix in compliance with all applicable laws and not for any unlawful purpose.
5.2 Without limiting the foregoing, use, display or distribution of DeepGenix together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
5.3 Each licensed copy of DeepGenix may be used on one single mobile location by one user.
5.4 Use of DeepGenix shall mean and include that you have loaded, installed, or run DeepGenix on a computer or similar device.
5.5 If you install DeepGenix onto a multi-user platform, server or network, each and every individual user of DeepGenix must be licensed separately.
5.6 The assignment, sublicense, networking, sale, or distribution of copies of DeepGenix are strictly forbidden without the prior written consent of DeepGenix. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of DeepGenix.
5.7 If any person other than yourself uses DeepGenix registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you shall be held liable and responsible for that violation.
5.8 Not to copy the App except where such copying is incidental to normal use of the App or where it is necessary for the purpose of back-up or operational security;
5.9 Not to rent, lease, sub-license, sell, redistribute, loan, translate, merge, adapt, vary or modify the App;
5.10 Not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
5.11 Not distribute or make the App available over a network where it could be used by multiple devices at the same time;
5.12 Not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by law) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
5.13 Is used only for the purpose of achieving inter-operability of the App with another software program;
5.14 Is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
5.15 Is not used to create any software that is substantially similar to the App
5.16 To keep all copies of the App secure.
5.17 To include our copyright notice on all entire and partial copies you make of the App on any medium.
5.18 Not to provide or otherwise make available the App in whole or in part (including object and source code); and
5.19 To comply with all technology control or export laws and regulations that apply to the technology used or supported by the App (the App Technology),
5.20 together the Licence Restrictions. If you breach any of the Licence Restrictions, you may be subject to prosecution and damages.
6. PERMISSIBLE USE
6.1 In consideration of you agreeing to abide by the terms of this EULA, Company grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, and the App store Rules, incorporated into this EULA by reference.
6.2 Company reserve all other rights.
7.1 Any service or information provided on this App by us is done so on an "AS IS" and an "AS AVAILABLE" basis and Company expressly disclaim and exclude all warranties, conditions, representations and terms, whether express or implied by statute, common law or otherwise, with respect to this App or the information, content, materials, goods or services included in this App including, as to the accuracy or completeness of the App, as to whether it is up to date and as to the condition of any information or services displayed or provided.
7.2 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
7.3 Company reserve the right, at our sole discretion, to amend or withdraw any information or services offered on this DeepGenix App.
7.4 You agree that you use the App at your own risk. You should always take care when using the App and be aware of your recommendations shown by the DeepGenix App.
7.5 Company at all times exclude from all liability from any claim, loss, demands or damages of any kind whatsoever (whether such claims, loss, demands or damages were foreseeable, known or otherwise) arising out of or in connection with the use of this App or the information, content or materials included on this App, including indirect or consequential loss or damage; loss of actual or anticipated profits (including loss of profits on contracts); loss of revenue; loss of business; loss of opportunity; loss of health; loss of anticipated savings; loss of goodwill; loss of reputation; loss of damage to or corruption of data; loss of use of money or otherwise, and whether or not advised of the possibility of such claim, loss, demand or damages and whether arising in tort including negligence, contract or otherwise.
7.6 Nothing in this EULA excludes or limits our liability for:
6.6.1 Death or personal injury caused by negligent use of APP (or that of our employees, agents or directors); or
6.6.2 Any act of fraud by the user and/or purchaser; or
6.6.3 Any liability which may not be limited or excluded by law.
6.6.4 The Appstore provider has no liability whatsoever to you under this EULA.
8. GOVERNING LAW
8.1 The use of this App is governed by Indian law and you and Company irrevocably submit to the exclusive jurisdiction of the Pune courts.
9.1 The terms of this EULA apply to the App or any of the services accessible through the App, including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply.
9.2 If any open-source software is included in the App, the terms of an open-source licence shall not override the terms of this EULA.
9.3 Company may change these terms at any time by notifying you of a change when you next start the App.
9.4 The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App.
9.5 From time to time updates to the App may be issued through the Appstore.
9.6 Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms.
9.7 You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you (Devices), to download a copy of the App onto the Devices.
9.8 You may or may not require internet access to use the App and you and they may be charged by your and their service providers for internet access on the Devices if you use require the internet access.
9.9 You shall be solely responsible in accordance with the terms of this EULA for the use of the App on or in relation to any Device, whether or not it is owned by you.
9.10 The App may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under Company’s control, and Company is and shall not be held responsible and liable for and do not endorse their content.
9.11 Company is not liable for any offensive, indecent, or objectionable content contained on a Third-party Site. You shall need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
Company shall have no liability to you for content that may be found to be offensive. 9.12 Location data provided by the App is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage.
9.13 Neither the Company, nor any of our content providers, guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the App.
9.14 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 You acknowledge that all intellectual property rights in the App anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the App Technology other than the right to use each of them in accordance with the terms of this EULA.
10.2 You acknowledge that you have no right to have access to the App in source-code form.
10.3 This APP contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile DeepGenix . Nor can you create any derivative works or other works that are based upon or derived from DeepGenix in whole or in part.
10.4 DeepGenix's name, logo and graphics file that represents DeepGenix shall not be used in any way to promote products developed with DeepGenix .
10.5 DeepGenix retains sole and exclusive ownership of all right, title and interest in and to DeepGenix and all Intellectual Property rights relating thereto
10.6 Copyright law and international copyright treaty provisions protect all parts of DeepGenix , products and services.
10.7 No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program.
10.8 All rights not expressly granted hereunder are reserved for DeepGenix
11. LIMITATION OF RESPONSIBILITY
11.1 You will indemnify, hold harmless, and defend at all times Company, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of DeepGenix APP.
11.2 In no event (including, without limitation, in the event of negligence) will Company, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, DeepGenix or the use or inability to use DeepGenix or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
11.3 DeepGenix's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the APP (maximum being the lesser of the amount paid by you and the suggested retail price as listed by DeepGenix) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to DeepGenix.
12. REPS AND WARRANTIES
12.1 Except as expressly stated in writing, DeepGenix makes no representation or warranties in respect of this APP and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
12.2 THIS APP AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY DeepGenix AS WELL.
13. GOVERNING LAW
13.1 This Agreement shall be governed by the law of the India applicable therein.
13.2 You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Pune India therefrom.
13.3 If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
14.1 Any failure to comply with the terms and conditions of this Agreement shall result in automatic and immediate termination of this license.
14.2 Upon termination of this license granted herein for any reason, you agree to immediately cease use of DeepGenix and destroy all copies of DeepGenix supplied under this Agreement.
14.3 The financial obligations incurred by you shall survive the expiration or termination of this license.
15. CONSENT OF USE OF DATA
15.1 You agree that DeepGenix may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to DeepGenix. DeepGenix may also use this information to provide notifications to you which may be of use or interest to you.
16.1 By using the App, you acknowledge and agree that internet transmissions are never completely private or secure.
16.2 You understand that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
16.3 You agree that we may collect and use technical data and related information, including but not limited to technical information about your Device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the App.
16.4 Company may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
16.5 The App may make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these services, you consent to us and our affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based services. You may withdraw this consent at any time by turning off the location services settings on your Device.
16.6 Company may ask you for your contact details which will only be used for the specific purpose which we tell you about when you provide these details. You can get in touch with us and ask that Company delete your contact details at any time.
17. ADDITIONAL TERMS
17.1 Company may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
17.2 You shall not transfer your rights or obligations under this EULA to another person.
17.3 If Company fail to insist that you perform any of your obligations under this EULA, or if Company do not enforce our rights against you, or if Company delay in doing so, that will not mean that Company have waived our rights against you and will not mean that you do not have to comply with those obligations. 17.4 If Company does waive a default by you, Company will only do so in writing, and that will not mean that Company will automatically waive any later default by you.
17.5 Each of the clauses of this EULA operates separately.
17.6 If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
17.7 You may not use or otherwise export or re-export the App except as authorised by the laws of the jurisdiction in which the App was obtained and Indian law.
17.8 By using the App, you represent and warrant that you are located in India only.
17.9 You also agree that you will not use these products for any purposes prohibited by Indian law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
17.10 The Playstore provider may enforce the provisions of this EULA against you as a third-party beneficiary.