TERMS AND CONDITIONS FOR THE USE OF EVEN'S CHATBOT

The following terms constitute an agreement between you and EVEN HEALTHCARE PRIVATE LIMITED ("Even"), the operator of the Even Chatbot ("we"). The following terms and conditions of use ("Terms", "Terms of use", "Agreement") govern your use of "Even" ("Chatbot"). These terms form an agreement between you ("user", "I") and the Chatbot. By using this Chatbot, it is implied that you accept to be bound by all the terms and conditions contained hereunder.

These "terms and conditions" are applicable to the "User" of "Even Chatbot" who avails the "products or Services" offered by "Even Chatbot" by virtue of these presents. The term "User" herein means and includes both natural and artificial persons who are desirous of buying, availing, subscribing and registering themselves to the "services" offered by "Even Chatbot" and the expression "User" also applies to all the legal representatives, heirs, successors, permitted assigns, agents, authorised representatives of the users including any family member, friend or an employee of the "User" acting for and on behalf of the "User", whose usage will bind the "User" as if it is done by the user and for the "User". Further all references to the words "You", "Your", "Yours" are applicable to "User".

"Services" offered by "Even Chatbot" refers to all healthcare services provided by it through whatsapp and mobile apps. The healthcare services offered through these platforms of whatsapp and mobile apps partakes dissemination of information relating to symptoms, conditions, tests, investigations, essentially assisting and supporting Physicians. It also refers to interaction based advice whereby the Even Chatbot provides guidance or advice to its Users on the basis of Patient's existing or available medical information and applying Artificial Intelligence (AI). The "Even Chatbot" further utilises its Artificial Intelligence (AI) and on the basis of patients data relating to medical history, presenting symptoms, medical reports offers to assist the registered medical practitioner in prescribing appropriate medication to alleviate such medical conditions. Sometimes Even Chatbot sends alerts for admission to hospital or for taking medicines to its "Users". "Even Chatbot" is the "Service Provider" and the said expression means and includes all its Legal Representatives, successors, permitted assigns, agents, authorised representatives.

Further expressions like "Service Provider", "Promoter", "Owner", "I", "We", "Our", "Ours", "Us" are applicable and akin to "Even Chatbot".

1. INTENT OF CHATBOT:

The Chatbot is intended to provide health related information in response to your Queries.

2. ELIGIBILITY TO USE:

Use of the Chatbot is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 are not eligible to use the Chatbot. We reserve the right to terminate your membership and refuse to provide you with access to the Chatbot at our sole discretion. While minors are not allowed to register with our Chatbot, in the event that a minor is to use the service, it is only permitted only under the supervision of a legally qualified guardian.

The Chatbot is not available to persons whose account has been suspended or terminated by us for any reason whatsoever.

Further, it is provided that

• The user acknowledges and confirms that the eligibility criteria in respect of age envisaged above are met while using and accessing the Products/Services; whatever information that is provided by the user is true, genuine and accurate in so far as the user's name, age, address, email, phone numbers etc., and the said information is current/uptodate; the user confirms that the sole responsibility for maintaining confidentiality of user's id, credentials and all activities under such user's account lies with the user alone. Further the user agrees not to allow anyone else to act or access the Even Chatbot id by any one. In addition, the user agrees to report to Even Chatbot of any unauthorised access or activities in that user id immediately. In that event, the "Even Chatbot" has all rights to revoke the services with or without cause or notice. In addition, in the event the User’s Phone number is compromised, Even Chatbot assumes no responsibility of whatsoever nature.
• As per our eligibility criterion, minors are not permitted to use the Chatbot.

3. PURPOSE, SCOPE AND EXCLUSION:

AT THE OUTSET, IT IS HEREBY INFORMED TO ALL THE USERS THE FOLLOWING INPUTS WHICH MUST BE READ AND COMPREHENDED BEFORE AVAILING SERVICES FROM THE CHATBOT

• THIS CHATBOT ONLY PROVIDES HEALTH INFORMATION BY RENDERING ASSISTANCE AND SUPPORT TO REGISTERED MEDICAL PRACTITIONERS;
• THIS CHATBOT DOES NOT SUBSTITUTE A REGISTERED MEDICAL PRACTITIONER IN TERMS OF RENDERING SERVICES;
• UNDER NO CIRCUMSTANCES CAN THIS CHATBOT BE APPROACHED AND ACCESSED FOR ANY KIND OF MEDICAL EMERGENCIES. AS PER THE PREVAILING UNDERSTANDING, MEDICAL EMERGENCY CONNOTES, INJURY OR DISABILITY OR DISEASE WHICH IMMEDIATELY WARRANTS CONSULTATION WITH A REGISTERED MEDICAL PRACTITIONER;
• THE USER MUST CONSIDER THE RESPONSE GIVEN BY CHATBOT ONLY AS A MATTER OF HEALTH INFORMATION AT A SUPERFICIAL LEVEL AND ACCORDINGLY MUST SEEK CONSULTATION WITH A REGISTERED MEDICAL PRACTITIONER FOR FURTHER COURSE OF ACTION. THE USERS MUST UNDERSTAND THAT THE INFORMATION RECEIVED FROM THE CHATBOT MAY NOT BE ACCURATE, COMPLETE AND FACTUALLY RELIABLE;
• THEREFORE, THE RESPONSES GIVEN BY CHATBOT MUST NOT BE CONSTRUED AS MEDICAL ADVICE AS TO CARE AND TREATMENT AN
• SHOULD THE CHATBOT MAKE STATEMENTS CONTRADICTING EVEN HEALTHCARE'S TERMS AND CONDITIONS OR THOSE OF EVEN'S INSURANCE PARTNERS, EVEN'S TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS OF EVEN'S INSURANCE PARTNERS WILL TAKE PRECEDENCE. STATEMENTS MADE BY THE CHATBOT CANNOT BE TAKEN AS LEGALLY BINDING FOR EVEN HEALTHCARE PRIVATE LIMITED OR ANY OF ITS SUBSIDIARIES. YOU SHOULD ALWAYS DOUBLE CHECK THE CHATBOT'S STATEMENTS WITH EVEN'S TERMS AND CONDITIONS, A LICENCED DOCTOR, AND/OR EVEN'S CLAIMS AND SUPPORT TEAMS.
• AS THE TECHNOLOGY REVOLVING AROUND AI FUNCTIONALITY IS IMPROVING, THE USERS NEED TO UNDERSTAND AND APPRECIATE THAT THERE MAY BE INHERENT WEAKNESSES IN THE RESPONSES OF CHATBOT WHICH MAY SOME TIME BE MISLEADING AND IMPERTINENT. IN SUCH SITUATIONS THE USER MUST BE CAUTIOUS IN FOLLOWING UP WITH THE RESPONSES. EVEN ACCEPTS NO RESPONSIBILITY FOR INCORRECT, IMPERTINENT, OR MISLEADING STATEMENTS MADE BY THE CHATBOT.

4. OWNERSHIP:

The Chatbot is owned and provided by Us. You are granted a limited, revocable, non-transferable, non-exclusive licence to use the Chatbot on computers, smartphones or other mobile devices that you own or control. We can terminate this licence at any time with or without any reason.

The Chatbot's layout, content, graphics, photographs, images, audio, video, processes, trademarks, service marks, trade names and other information including, without limitation, the "look and feel" of the Chatbot ("Content") contained in the Chatbot are proprietary to us, our affiliates and/or third-party licensors.

The Content is protected by Indian and international copyright and trademark laws, and you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content. Any use of this Chatbot or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of us.

5. REGISTRATION:

In order to use the Chatbot, you must register an account with us ("Account"). If you don't already have credentials to use with the service, we will direct you to sign-up for an account to get credentials before you sign up for the service.

You represent and warrant that the registration and any Account-related information you provide is accurate and will be kept up-to-date. You alone are responsible for all activities that occur in the Chatbot through your Account, and you agree to immediately notify us upon becoming aware of any unauthorised use of your Account or any other breach of security related to the Chatbot.

6. ACCEPTABLE USE:

The "User" of Even Chatbot "Services" agrees to abide by all these terms and conditions, Policies applicable to "users" framed from time to time by the "Even Chatbot" viz., the Service Provider in this regard. The "User" undertakes to provide true and authentic information about his personal identity, age, address, medical history, symptoms, medical conditions, lab reports, other investigations and reports, etc., to "Even Chatbot". The "User" further undertakes to abide by all applicable laws and uses the services offered herein in accordance with the Law, Terms and Conditions, Policies referred to herein and agrees that the User will not indulge in any kind of "illegal use" of the "services" envisaged herein or shall not make harmful use or abuse of the services contemplated herein.

The "User" also agrees not to engage in acts or omissions which are likely to infringe third party rights in any manner.

The "User" further undertakes to protect the security of the services offered by Even Chatbot and will not act in any manner to disable, disrupt, destroy or otherwise destabilise the security of the services offered herein.

The "User" agrees to refrain from any attempts to jeopardise the services by way of reverse engineering, decompilation, misusing the underlying model, algorithms, source code of the services. In addition, agrees not to engage in same or similar activities to build or replicate Even Chatbot's services that may be competitive.

This restraint applies to all acts or attempts to "scrape", "crawl" or "spider" any page, data or portion of Even Chatbot's Services by manual or automated means.

7. CONTENT AND ACCURACY:

Though we have taken precaution to provide accurate data and information, we cannot guarantee the veracity and completeness of the response, rendered by Chatbot. We assume no responsibility for the information contained therein, nor do we make any claims, promises or guarantees about the accuracy, suitability or completeness of any of the information.

The Content is not intended to be a substitute for face-to-face professional advice, diagnosis, or treatment.

8. COMMUNICATION:

You authorise us to communicate with you via email, text messaging service, calls and other means which we may deem necessary. You may also receive communication from us regarding the service, or any promotional offers

9. CODE OF CONDUCT:

As a condition of your continued access to and use of the Chatbot, you agree to abide by all applicable laws and regulations and these Terms of Use. Your failure to comply with these Terms of Use, including the following "Code of Conduct" may result in the termination of your Account and may expose you to civil and/or criminal liability under applicable laws. Specifically, in addition, without limiting the foregoing, you agree not to:

• license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Chatbot;
• modify, translate, adapt, merge, make derivative works of, disassemble, decompile or reverse engineer any part of the Chatbot;
• Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
• access or use the Chatbot in order to build a similar or competitive product or service;
• remove or destroy any copyright notices or other proprietary markings contained in the Chatbot;
• use the Chatbot to upload or distribute any (or any links to) computer viruses, worms, malicious code or any software intended to damage or alter a computer system or data;
• disrupt, disable, overly burden, impair or otherwise interfere with the operation of the Chatbot or the servers or networks connected to the Chatbot, or violate the regulations, policies or procedures of such servers and networks;
• attempt to gain unauthorised access to the Chatbot or other computer systems or networks connected to the Chatbot, through password mining or any other means;
• Use the Chatbot to harvest or otherwise collect or store any information for purposes other than those designed and implemented by us.
• copy, share, post, modify, license, sublicense, distribute, publish, broadcast, transmit, perform, display, sell or disseminate any portion of this Chatbot, except in accordance with these Terms of Use;
• interfere with another User's use and enjoyment of the Chatbot;
• impersonate any person or entity;
• falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse you, your Chatbot, your business or any statement you make, or present false information about the Chatbot; or
• use the Chatbot to upload or share any content that:
  • infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including the Chatbot;
  • is unlawful, harmful, threatening, blasphemous, abusive, harassing, tortious, defamatory, vulgar, obscene, pedophilic , pornographic, libellous, invasive of another's privacy, hateful, racially, ethnically, relating or encouraging money laundering or gambling, or otherwise objectionable;
  • constitutes unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or
  • Violates any law, regulation or contractual obligations.
  • 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.
  • Encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

10. CHATBOT SECURITY:

You are prohibited from violating or attempting to violate the security of the Chatbot by:

• Accessing data not intended for you or logging onto a server or an account which you are not authorised to access;
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Chatbot, overloading, "flooding," "spamming", "mail bombing" or "crashing";
• Sending unsolicited email, including promotions and/or advertising of products or services; or Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Chatbot or any activity being conducted on this Chatbot.

While we have taken the measures to ensure the compliance with the provisions of the Information Technology Act, 2000 with regards to Chatbot security, we are not responsible for the corruption, theft, deletion or any tampering of your data by hackers.

11. PRIVACY POLICY: WHAT IS IT?

• Privacy means "freedom from public attention". It is a matter of right and entitlement on your part. In addition, it is a subject of legal compliance on our part as well. Therefore, Even Healthcare is committed to protect your privacy.
  This Privacy Policy aims to share and inform you about the following purposes, it proposes to serve:
  • with a view to clearly explain, how your personal, sensitive and health information is collected and used;
  • how such information is securely protected;
  • how such information is used and shared and
  • what are the limitations in the process.
  You are hereby informed that you take adequate steps to read and comprehend this policy completely. Thereafter if you agree and subscribe to the same, you may take a decision to avail our services. Please do understand and realise that accessing or availing our service from your end clearly indicates that you have read, comprehended and accepted our privacy policy.
  Your acceptance to our Privacy Policy also signifies that your acceptance to Even Healthcare's collection, use, share, distribution of your personal information and more particularly the inherent limitations of storage of your information.
• Technology and Service: Premise and Process:
  • Chatbots in Healthcare – Meaning: Chatbots in Healthcare are designed programs invoking Artificial Intelligence and algorithms. Primarily, the object is to provide health information in response to user's queries as per the scope of services intended to be provided by the concerned Chatbot.
  • Advantages: Healthcare Chatbots offer to its users 24x7 availability, instant responses to health related queries, timely health alerts, efficient resource management and enhanced user satisfaction. Chatbots offer a diverse set of services which essentially and singularly assist and support the Medical Practitioners and Hospitals regarding admission/readmission to Hospital, alerts on timing and dosage of medication, follow ups, thus providing support and monitoring etc., to name a few.
  • Types of Healthcare Chatbots: Healthcare Chatbots are of three types:-
    • Informative
    • Conversational
    • Prescriptive
    • Informative: This type of Chatbots merely provides advice and information by way of pop-ups. These Chatbots are least intrusive and facilitate the users to easily acquire knowledge about medical conditions and provide a secure system for mental health, rehabilitative services or general health support
    • Conversational: This type of Chatbots offer interactive solutions to users based on specific queries raised by them. The Chatbot analyses user's queries through predefined artificial intelligence and knowledge base and provides guidance to them on such specific queries.
    • Prescriptive: Some healthcare Chatbots provide services beyond providing information and advice and go to the extent of prescribing medication on the basis of predictive analysis in the light of user's data through AI(https://acropolium.com/blog/chatbots-in-healthcare/ (website accessed on 20.02.2024 at 14.30 pm)).However, the legality of such service depends entirely on the specific Country's legal mandate.
  • Context: Even Healthcare, a Clinical Establishment, licenced as a "Clinic/Polyclinic with Diagnostic Support" in Karnataka (as per KPME Act) operates through Doctors, Technicians, Psychologists employed under it or its subsidiaries while running and maintaining physical clinics. Even Healthcare carries on its operations and services within India but not outside India. In addition, this clinical establishment offers Group Insurance cover via its Insurance partners with a view to provide comprehensive, people friendly and affordable health insurance cover.
    The core aim of Even Healthcare is to ensure people's health by effectively managing chronic conditions, to encourage, prescribe and facilitate free preventive screenings and diagnostic tests as also to provide insurance cover to surgeries through its insurance partners.
  • What Even Chatbot proposes to do?
    A Whatsapp based Chatbot provides free and real time responses to its users like that of:
    • free and frank disclosure of user's symptoms and conditions;
    • resolving user's queries by reminding of already prescribed medication vis a vis current test results;
    • access to user's medical history (for example about dosage of a certain medicine previously prescribed for the same medical condition);
    • further, it helps in arriving at an early and accurate diagnosis of a condition by undertaking the data analysis so as to assist the Physician in prescribing appropriate treatment.
    Although Chatbot's advice or assistance in diagnosis is not 100% fool proof, it certainly collects directionally relevant information and provides accurate data to Physicians and assists them in triaging users and connects the users to Physicians/Doctors for further management of the user's health condition.
  • What Even Chatbot would not be doing?
    
    • does not prescribe medication to its users;
    • will not book consultations with Doctors without the consent of the users; it may book appointments/consultations with Doctors with the consent of the users;
    • will not disclose sensitive information to third parties without User’s consent; it is assumed however that what is shared with the Chatbot will be inspected by an Even physician to arrive at a diagnosis or review the quality and correctness of the Chatbot's replies;
    • except the Even Physicians and product team who have access to user information for the purpose of envisaged services and maintaining quality of such services, no other person can access the patient data.
    Further Chatbot would not claim itself as a Doctor. However, it provides assistance and support to Physicians and Doctors in the Patient's care and treatment.
• Use of your information:
  At the outset, it is made very clear to you that Even Healthcare does not indulge in either selling or to gain commercial benefit from sharing health information to third parties.
• Health Information in our custody: Source Points:
  From the following sources, information is collected by us:
  • shared from your end - in the form of personal details, account information, messages, communications exchanged, questions posed, medical reports, images and any other related data.
  • Data collected automatically - in the form of device generated data and data generated by online activity. As a matter of technological process, Even Healthcare deploys cookies, storage tools, etc.,
  • There may be a possibility that Even Healthcare may have association with Third Party Service providers. Accordingly data may be collected from them as well.
  • Sensitive Personal Health Information and Legal Compliance:
  You are hereby clearly informed that Even Healthcare strictly adheres to Information Technology Rules, 2011 governing collection, custody and disclosure of sensitive personal health information.
• Do we use your information? If so, why and how?
  You are hereby informed that for the following purposes Even Healthcare uses the information.
  • In consonance with contractual obligations as envisaged in Terms and Conditions, Even Healthcare uses your information towards rendering services;
  • To provide appropriate and warranted customer support in the form of alerts and announcements;
  • To improve our services with a view to customise the information provided to you;
  • As the technology is advancing day by day, we deploy your information for the purpose of Research and Development.
  • In strict adherence to applicable legal mandate Even Healthcare may have to share and disclose your information with Judiciary or Law Enforcement Authorities.
• Do we share your information? If so, with whom?
  You are hereby informed that your information is shared with the following:
  • Associated Service Providers;
  • Judiciary and other Authorities.
• Application of Privacy Policy:
  You are hereby informed that this Privacy Policy is only applicable to the services rendered by Even Healthcare. As you are aware the services may entail links with other websites which are not under the control of Even Healthcare. Therefore, you are hereby informed that Even Healthcare is not responsible for the content, authenticity and reliability of such information. Please do take note that accessing such a third party website is at your sole and pure volitional decision. Hence you are responsible for the act and consequences.
• Amendment or modification:
  You are hereby informed that Even Healthcare may have to amend or modify this policy from time to time. Such an amendment is at the sole discretion of Even Healthcare. However, in the process We may serve you a prior notice about the proposed change which you may or may not accept. In the event of your non-acceptance you have to terminate your account. In case you continue to avail services after such change, it signifies that you have accepted such change or modification.
• Support: for any kind of support or clarification in this regard, you may contact hello@even.in

12. INTELLECTUAL PROPERTY RIGHTS POLICY:

• Introduction:
  We and our licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and all other materials, which appear on this Chatbot. Access to this Chatbot does not confer and shall not be considered as conferring upon anyone any licence under any of our or any third party's intellectual property rights. The user agrees and affirms that all materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Chatbot (collectively, "Contents") are protected by copyright under Central and State Laws of the republic of India, and foreign laws as applicable.
• Title
  All rights and content, including copyright, in this Chatbot are owned by or licensed to us. Any use of the Copyright Content not expressly permitted by these Terms and Conditions is a breach of the Terms and Conditions and may violate copyright, trademark, and other laws. The Content on this Chatbot is the exclusive property of Even Healthcare and is also protected by Indian and International Copyright Laws.
• Allowed Use
  The content is intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Chatbot for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content of the Chatbot or any related software.
• Proprietary Software
  All software used in this Chatbot is the property of Even Healthcare or its suppliers and licensors and protected by Indian and International Copyright Laws. The Content and software in this Chatbot may be used only as a knowledge resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content in this Chatbot is strictly prohibited.
• Reservation of Rights
  All rights not expressly granted herein are reserved to Even Healthcare and its licensors. If the user violates any of these Terms and Conditions, then the User's permission to use the Copyright Content automatically terminates and the User must, within 7 days destroy any copies that the user has of any portion of the Copyright Content, lest the User shall be liable for infringement of copyright.
• Trademarks
  Other marks, graphics, typefaces, trademarks and logos appearing in the Chatbot are trademarks or trade dress of Even Healthcare or its licensors. All other trademarks appearing in the Chatbot are the property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent

13. REFUSAL OF SERVICE:

We reserve our right to refuse service to anyone at any time. We reserve the right, in our sole discretion, at any time and from time to time to modify or discontinue, temporarily or permanently, the Chatbot (or any part or function thereof) with or without notice if a computer virus, bug, or other technical problem corrupts the security, or for proper administration of the service

You also agree to notify us immediately on discovering any virus, bug, or other technical problem which may corrupt the security or hamper normal functionality of the Chatbot.

14. TERMINATION:

This User Agreement is effective unless and until terminated by either you or us. You may terminate this User Agreement at any time by informing us in writing that you no longer wish to be associated with this Chatbot, provided that you discontinue any further use of this Chatbot. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Chatbot. Such termination will be without any liability to us. Upon any termination of the User Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Chatbot, as well as all copies of such materials, whether made under the User Agreement or otherwise. However, we do not delete your data as we are under a duty to store it for medical purposes, in accordance with Indian Law. Our right to any Comments shall survive any termination of this User Agreement.

15. RISKS IN TELEHEALTH SERVICES:

The services offered by Even Chatbot would enable its users in establishing direct contact with third party healthcare providers. The user should concede that the usage of these services involves certain potential risks like the following:

• that the information transmitted may not be sufficient for arriving at a conclusive decision by the healthcare service provider;
• that there might be delays in evaluation or advice which are attributable to failures of electronic equipment;
• that lack of access of medical records may sometimes result in adverse drug reactions, allergic reactions or other judgement errors;
• that despite the user taking safety precautions, still the potential breach of user’s healthcare information cannot be ruled out

16. NO WARRANTY:

We provide the service "as-is", "with all faults" and "as available". We don't guarantee the accuracy or timeliness of information available from the service. You acknowledge that Whatsapp and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee that the service will be uninterrupted, timely, secure or error-free, or that data loss will not occur. We and our affiliates and vendors give no express warranties, guarantees or conditions. We exclude any implied warranties, including for merchantability, satisfactory quality, and fitness for a particular purpose, workmanlike effort and non-infringement. You may have certain rights under your local law. Nothing in this contract is intended to affect those rights, if they are applicable.

Third-party programs and devices that connect with the Service are not endorsed or warranted by us. Product descriptions are by their manufacturers and provided for informational purposes only. This Chatbot does not provide medical or any other health care advice, diagnosis or treatment. Always seek the advice of your doctor or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the service.

17. LIMITED LIABILITY:

If you have any basis for recovering damages from us or our affiliates and vendors, you can recover only direct damages up to the subscription fee that you may have paid. You cannot recover any other damages, including consequential losses or lost profits, special, indirect, incidental or punitive damages.

The limitations and exclusions apply to anything related to this contract, such as loss of data; third-party content, programs or conduct; viruses that affect your use of the service; incompatibility between the service and other services, software and hardware; delays or failures you may have in starting or completing transmissions; and claims for breach of contract, warranty, guarantee or condition; consumer protection; deception; unfair competition; strict liability, negligence, misrepresentation, omission, trespass or other tort; violation of statute or regulation; or unjust enrichment; all to the extent permitted by applicable law.

The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages.

18. DISCLAIMER

Disclaimer means "a statement indicating renouncement of one's responsibility" or "a statement disclaiming one's responsibility".

You are hereby informed that the following "Disclaimer" proposes to share with you detailing the inherent limitations and the usage guidelines of this particular Chatbot.

Please ensure that you read this "Disclaimer" carefully and comprehensively before starting to use the services of the Even Chatbot:

• This Chatbot is driven by Artificial Intelligence (AI). This Chatbot is programmed to provide health related information only in response to your query. Essentially, this Chatbot, through its service, assists and supports the Physician. Even though we take adequate measures, we cannot ensure or guarantee that this Chatbot provides accurate, complete and relevant responses at all times. Therefore, we explicitly urge you to consider the responses by this Chatbot as a starting point and verify the same with your Doctor.
• While availing the services of this Chatbot you as a user have dominant and sole responsibility while acting upon the responses. Please understand and realise that Even Healthcare cannot be made liable for any consequences like losses, injury, damages after availing services from the Chatbot.
• With regard to privacy and security, please read carefully the pertinent Policy.

By using or availing services from this Chatbot you indicate your acceptance of this Disclaimer.

You are entitled to disagree, if so, please do not avail the services.

For any queries, you may contact hello@even.in.

19. INDEMNITY:

You agree to indemnify the Company, its affiliates, directors, officers, employees, agents, suppliers and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your use of the Chatbot or anyone using your Account, or any alleged violation by you or anyone using your Account of these Terms of Use, including, without limitation, the Code of Conduct.

In particular, you agree to indemnify the Company, its affiliates, directors, officers, employees, agents, suppliers and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on any information you obtain through the Chatbot. This Chatbot is not a substitute for professional medical advice, and provides only general health information. Please consult a medical professional to discuss specifics related to your health and for a more in-depth review of any particular health issues you encounter.

20. FORCE MAJEURE:

An "Event of Force Majeure" means an event beyond the control of either of the parties to this agreement, including but not limited to:

• act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves floods and pandemic situations);
• Malicious hacking;
• War, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;
• Rebellion, revolution, insurrection, or military or usurped power, or civil war;
• Contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;
• Riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the Service Provider;
• Acts or threats of terrorism;
• Discontinuation of electricity supply;
• Other unforeseeable circumstances beyond the control of the Parties against which it would have been unreasonable for the affected party to take precautions and which the affected party cannot avoid even by using its best efforts.

21. CHANGES TO THE SERVICE AND CANCELLATION:

We continuously work to improve the service and may change the service at any time. Additionally, there are reasons why we may stop providing portions of the service, including (without limitation) that it's no longer feasible for us to provide it, the technology advances, customer feedback indicates a change is needed or external issues arise that make it imprudent or impractical to continue. If your service is cancelled, your right to use the service stops immediately. Your ability to access and use some third-party programs may also stop straight away. We may retain data in an anonymised manner even if the service is cancelled.

You may cancel the service at any time and for any reason.

22. INTERPRETING THE CONTRACT:

All parts of this contract adhere to the maximum extent permitted by relevant law. If a Court or arbitrator holds that we can't enforce a part of this contract as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this contract won't change. You agree that this contract shall be governed by the Laws of the Republic of India.

23. ENTIRE AGREEMENT:

This is the entire contract between you and us regarding the service. It supersedes any prior contract or oral or written statements regarding your use of the service.

24. ASSIGNMENTT:

We may assign, transfer or otherwise dispose of our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the service.

25. NOTICES:

You may notify us as stated in the customer support or "help" slot of the service. We may send you, in electronic form, information about the service, additional information and information that the law requires us to provide. You consent to us providing you required information by email at the email address that you specified when you signed up for your Service or by access to a Chatbot that we identify. Notices emailed to you will be deemed to be given and received when the email is sent. If you don't consent to receive notices electronically, you must stop using the service.

26. JURISDICTION, MEDIATION & ARBITRATION:

We hope that any dispute will Be resolved amicably by Mediation between both the parties. Failing which, the dispute will be subject to Arbitration in Bangalore in English, under the Arbitration and Conciliation Act, 1996. Each party to arbitration shall bear its own cost.

27. SEVERABILITY:

If any provisions of this agreement are found to be invalid by a Court of competent jurisdiction, then the remainder of the document will continue to hold force.

28. CHANGES:

We reserve the right to change the terms and conditions of this Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible. You understand that the terms may be revised from time to time, and you understand and agree that you are bound by such terms so long as you access this Chatbot.

29. QUESTIONS:

If you have any queries about the terms and conditions of this Agreement or have any complaints, comments on or about the Chatbot, please email us at hello@even.in.