These terms and conditions ("Agreement") sets forth the general terms and conditions of your use of this mobile application, web-based application, web page, mobile web page (hereinafter collectively referred to as "Services"). This Agreement is legally binding between you ("User", "you" or "your") and Bluesemi Research and Development Private Limited ("Bluesemi", "we", "us" or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and Bluesemi, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
Bluesemi shall mean and include Bluesemi, its subsidiaries, associate companies, parent company(ies), representatives, officers, directors, licensors, licensees thereof (hereinafter collectively called as Bluesemi). Please note that the use of words "includes", "include", or "including" refers to "including but not limited to" in all senses.
Accounts and membership
You must be at least 13 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
You may be asked provide all the proofs that are asked at the time of registration which shall be issued by any Government Authority and it shall hold validity. In case of proof submitted by you is declared to be false or concocted, we reserve right to delete your account in such a case and further block you to register with us again. You hereby declare that You shall hereby indemnify us from all sorts of liabilities for your actions under this clause.
Bluesemi's Eyva is non-invasive gadget that can measure key body vitals including blood glucose, ECG, heart rate, Blood Pressure, SPo2, Hba1c and temperature in less than 60 seconds. It shall also provide hourly and daily insights can be used to make lifestyle decisions including fitness regime, nutrition regime, stress management, etc. The gadget used through the Website is only a health and wellness gadget and not any medical gadget. The services that are offered are purely health and wellness but in no manner used for medical purposes including medicines and decision making and shall neither use it as a substitute to their medical, hospital or other clinical tool/ substitute.
Bluesemi's insights are towards users' health and wellness like suggesting diet, habits, fitness, workouts and life style changes but not any medical advisory or solutions. Bluesemi further provides analytical data which user can use or keep a track of it for betterment of their health and wellbeing.
User shall, in no manner use the data or outcome for any illegal activities or legally prohibited or objected or opposed activities. User shall not use the data for any terrorist activities, anti-national activities or to destroy any rights of natural or other persons. User shall indemnify Bluesemi from all liabilities that may arise out of usage of the data or information collected by the User.
Further User shall not take any decisions related in the areas of medical including but not limited to diagnosis, medication, operations etc. User shall have to consult any certified Doctor or medical practitioner before taking any decision.
Bluesemi shall provide the content related to the EYVA including its functions, operational style and other. EYVA is not any medical device and it is purely health and wellness device. User is advised not to use this as a substitute to their medical or clinical diagnosis or related equipment.
User hereby indemnifies Bluesemi should they use this as a substitute to their medical devices or tools etc.
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Website and Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Third party services
If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Bluesemi with respect to such other services. Bluesemi is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Bluesemi to disclose your data as necessary to facilitate the use or enablement of such other service.
User hereby shall agree and accept the Terms and Conditions of the third-party websites or service providers websites that are used for report interpretation or analysis and User shall agree and accept to the payment gateway terms and conditions. Failing which the listing shall not be successful or such service shall not be provided by Bluesemi and the user shall not claim this as a deficiency in services.
We perform regular backups of the Website and its Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses or (k) to take any medical decision making.
Intellectual property rights
"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Bluesemi or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Bluesemi. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of Bluesemi or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Bluesemi or third-party trademarks.
User shall be responsible for all the IPR used in or for their listings. User shall hereby grant a condition free license to Bluesemi for use of such IPR. User shall hereby not infringe IPR related to a third party. User hereby indemnifies Bluesemi from all liabilities that may arise out of such usage by the User.
Disclaimer of warranty
You agree that such Service is provided on an "as is" and "as available" basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will Bluesemi, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Bluesemi and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Bluesemi. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose. Once the transaction is completed as per the provisions of this document, Bluesemi is no longer liable for any claims from User or to any third party. Any dispute shall have to be resolved amongst themselves and the user hereby indemnifies Bluesemi from any such disputes or claims or litigations or related thereof.
Indemnification and Damages
You agree to indemnify and hold Bluesemi and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your use of the Website and Services or any decision making in relation to medical fields or any wilful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Jurisdiction and Arbitration
In the event of any dispute or difference between the parties hereto, the courts in Hyderabad alone shall have exclusive jurisdiction to try any matter arising between the parties here-to and accordingly both the parties shall submit to the exclusive jurisdiction of courts in Hyderabad as mutually decided at that time for this purpose.
Any dispute arising about any aspect of this terms and conditions shall be settled through mutual consultation and agreement, by the parties to this agreement. In case a settlement is not arrived at, the dispute/s will come under the purview of the Arbitration and Conciliation Act, 1996 of India and the area of jurisdiction will be Hyderabad.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Changes and amendments
We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to [email protected]