HealthPlix Technologies Private Ltd., its affiliates/subsidiaries/joint ventures (“Healthplix”, “Company” or “we,” “our,” or “us”) owns or controls or manages, and provides access to, several interactive web sites and mobile applications, including HealthPlix App, HealthPlix App for Doctors and any other applications (however accessed and/or used, whether via personal computers, mobile devices or otherwise) or other interactive features or properties owned or controlled by Company and that link or reference to these Terms of Use (collectively, “Website” or “Services”). THESE TERMS OF USE GOVERN YOUR USE OF THE WEBSITES or such Services. These Terms of Use (“TOU”) only apply to the Websites, and not to any other web site or any offline activities by Company (unless specifically stated). By accessing or using the Websites, registering for services offered on the Websites, or by accepting, uploading, submitting or downloading any information or content from or to the Websites, you shall have agreed to these TOU. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TOU, PLEASE DO NOT USE THE WEBSITES or SERVICES.

1. Acceptance of Terms
Your use of the Websites is subject to these TOU, which may be updated, amended, modified or revised by us from time to time without notice to you. It is important for you to refer to these TOU from time to time to make sure that you are aware of any additions, revisions, or amendments or modifications that we may have made to these TOU. Your use of the Websites constitutes your acceptance of these TOU.

2. Service and Registration Process
The Service is designed to assist you (“you,” the “User”) in managing and tracking your vitals such as blood sugar, Blood Pressure, etc., upload and maintain your medical reports, seek information on questions you may have, prescription and other health information associated with managing your health. The Services also allows you to connect with the medical practitioner of your choice available on the HealthPlix network and have him/her review your medical reports, vitals such as blood sugar, blood pressure, etc and respond to some of the health questions you post to the medical practitioners. Whether you purchase the Product or the application and/or from HealthPlix or receive it from a third-party Sponsor, such as a health-care provider or an insurance company, or download the application from Google Play Store, Apple App Store/iTunes the terms of this Agreement will apply to the use of the Service. HealthPlix reserves the right, in its sole discretion, to modify or replace all or any part of the Terms of Use (including, without limitation, pricing and payment terms as set forth in “Fees and Payment”), or change, suspend, or discontinue all or any part of the Service at any time by posting a notice on the Service or by sending you an email. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes. Any information you provide HealthPlix shall be considered accurate, complete and updated. You are solely responsible for the activity that occurs on your account and for maintaining the security of the Application and any information you input to the Application. You shall not use or access another user’s account without such other user’s express permission. You will immediately notify HealthPlix in writing of any unauthorized use of your account, or any other account-related security breach of which you are aware. The Service is available only to individuals who are adults, and children whose use is supervised by a parent and/or legal guardian.

3. Registration and Account Integrity
As part of the registration process you will need to create an account, including a username and password. It is your responsibility to ensure that the information you provide is accurate, not misleading and secure. You cannot create an account or username and password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach. If for any reason you suspect that your username and password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username and password or other details except when the user is signing into the application.

4. Use of Your Information
If you create, transmit, submit, display or otherwise make available information (including, without limitation, information you have made available automatically through connection of the Product, Other Cable and/or the Adapter to the Application) while using the Service, you may provide only information that you own or have the right to use. When you provide access to any such information through the Service, you give HealthPlix a license to fully use that information in connection with providing you the Service. However, HealthPlix may only use the information you provide as permitted by the HealthPlix Privacy Policy, and applicable law. For example, HealthPlix will never share your personally identifiable information without your prior permission. Please closely review our Privacy Policy for more information regarding how we use and disclose your personal information. Our Privacy Policy is hereby incorporated into these Terms of Use by this reference. Your information is created to store your personal health information online, including health conditions, allergies, reports, lifestyle, diagnostic test results including images and medications. Any information provided as part of a web, tele or a video consultation becomes part of your HealthPlix Record. You agree to provide accurate information for your HealthPlix Record, to periodically review such information and to update such information as and when necessary. For additional information regarding use of your HealthPlix Record, please refer to our Privacy Policy. It is your responsibility to validate any third party information in your Heathplix Record. HealthPlix is not responsible for maintaining data arising from use of the HealthPlix Services. HealthPlix reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the HealthPlix Service pursuant to its internal record retention and/or destruction policies, only upon reasonable notice provided to the users. HealthPlix makes use of third party cloud services provider or its own service infrastructure for hosting its servers and databases. While HealthPlix makes commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the user, HealthPlix will not be responsible in the event of failure of the third party servers or any other factors outside the reasonable control of HealthPlix, that may cause the your data to be permanently deleted or become irretrievable. 

5. Medical Advice
HealthPlix does not offer medical advice or diagnoses, or engage in the practice of medicine. Although, HealthPlix does position itself as the preferred health, including diabetes, management platform, our Service is not intended to be a substitute for professional medical advice, diagnosis, or treatment and is offered for informational purposes only. You are advised to always seek the advice of your physician or other qualified health provider with any questions regarding your medical condition or the use (or frequency) of any medication or medical device. Never disregard professional medical advice or delay in seeking it because of something you have read in connection with our Service and we will not be held responsible for any such delay You are solely responsible for any decisions or actions you take based on the information and materials available through the Service. Reliance on any information provided by HealthPlix or in connection with the Service is solely at your own risk. If you think you may have a medical emergency, we strongly recommend you call your doctor immediately. You agree to contact your primary care physician immediately should your condition change or your symptoms worsen. If you require urgent care, you agree to contact your local emergency services immediately. The Services are offered on an "as is" basis and used by You solely at your own risk. All information provided by the Users in connection with the Services shall be used to provide services and features to the User. HealthPlix shall make no effort to validate any information provided by the User for use in Services with respect to content, correctness or usability. Use of HealthPlix Services requires basic familiarity with the Internet, mobile app and World Wide Web and have basic understanding of disease management. The User is expected to possess the necessary internet-usage skills and knowledge to avail HealthPlix Services. INDEPENDENCE OF HEALTHPLIX DOCTORS DOCTORS AND MEDICAL EXPERTS ON HEALTHPLIX ARE NOT EMPLOYEES OR INDEPENDENT CONTRACTORS OF HEALTHPLIX. OPINIONS AND ADVICE SHARED BY ANY SUCH INDIVIDUALS IS THEIR OWN AND DOES NOT REFLECT THAT OF HEALTHPLIX’S. WE DO NOT RECOMMEND OR ENDORSE ANY ADVICE, TESTS, MEDICAL PRESCRIPTIONS, OPINIONS, FEEDBACK, ETC THAT ARE SHARED BY THE DOCTORS AND MEDICAL EXPERTS ON HEALTHPLIX. INCLUSION OF DOCTORS OR OTHER MEDICAL PROFESSIONALS ON HEALTHPLIX DOES NOT IMPLY THAT HEALTHPLIX ENDORSES OR RECOMMENDS THEM. HealthPlix may not be held responsible for any misinformation provided by the medical practitioners regarding their qualifications and professional capabilities. All users acknowledge that HealthPlix relies on the information provided by the medical practitioners to vet their qualifications and HealthPlix’s responsibility only extends to taking reasonable care in ensuring the same.

6. Third Party Services
HealthPlix may provide Users with links to, or contact information for, third party sites or services. HealthPlix is not responsible for, and does not endorse, any third-party content, sites, or services including, without limitation, any health care providers, products, tests, procedures, services, opinions, or web sites accessed or mentioned on the Service. It is hereby stated that HealthPlix shall in no way be responsible for any acts or omissions of third parties whom the user may connect with through a mechanism facilitated by HealthPlix. Any transaction, dealings or communication otherwise that the user may have with such third parties are at the user’s own risk and HealthPlix makes no warranties, express or implied regarding the quality or suitability of the services or products of such third party vendors.

7. Rules and Conduct
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use or other rules or policies implemented by HealthPlix from time to time. The Service (including, without limitation, any Content) is provided only for your own personal, non-commercial use. For purposes of the Terms of Use, the term “Content” includes, without limitation, any information, data, text, photographs, videos, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by HealthPlix or its partners or Sponsors on or through the Service. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity. HealthPlix reserves the right to remove any Content from the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content, or if HealthPlix is concerned that You may have violated the Terms of Use), or for no reason at all with or without notice to the user/users. Furthermore, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on HealthPlix’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures HealthPlix may use to prevent or restrict access to the Service (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Service; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.

8. Alerts Provided By HealthPlix
HealthPlix may from time to time provide automatic alerts and voluntary account and health -related alerts. Automatic alerts may be sent to you following certain changes made to your HealthPlix account. Voluntary account alerts may be turned on by default as part of the Service. Some of these alerts may then be customized, deactivated or reactivated by you. These alerts allow you to choose certain alert messages for your accounts. HealthPlix may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion, without any notice. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service. You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. HealthPlix will do its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that HealthPlix shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

9. Fees and Payment 
Though the use of our website and the Application is currently free in India, we reserve the right to require payment of fees for certain or all Services. During or after registration for the Service, HealthPlix will supply details associated with the fees and how to pay the necessary fees. You agree to timely pay all applicable fees in connection with your use of the Service. We reserve the right to change our fees and to institute new charges at any time, with no less than thirty (30) days prior notice to you, which may be sent by email or posted on the Service.

10. Support
HealthPlix offers email-based and online support tools. You may access support resources or contact our support by visiting team@healthplix.com. In some countries, regions or associated with certain partners, HealthPlix may direct you to obtain support from 3rd party service providers. HealthPlix does not make any promises regarding how quickly we will respond to your request for support, or that we will be able to fix any problems you may be having. Any suggestions by HealthPlix regarding use of the Services shall not be construed as a warranty.

11. Termination
HealthPlix may terminate or suspend your access to the Services at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Additionally, HealthPlix may terminate your access to all or any part of the Service at any time if you fail to comply with these Terms of Use. This may result in the forfeiture and destruction of all information associated with your membership and will immediately terminate your ability to use the Service in any way. If you wish to terminate your account, you may do so by ceasing use of the Services, and deleting the Application. All provisions of the Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

12. Disclaimer
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. HEALTHPLIX AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. In addition to the generality of the foregoing, it is also stated that ALL ADVICE OR, COMMUNICATION MADE BETWEEN YOU AND THE PHYSICIAN THROUGH THE USE OF HEALTHPLIX APP IS INTENDED TO BE USED FOR SHARING OF GENERAL INFORMATION ONLY. THE ADVICE OR COMMUNICATION MADE BETWEEN YOU AND THE DOCTOR SHALL IN NO WAY CREATE A PATIENT-DOCTOR RELATIONSHIP WHICH ARE GOVERNED AS PER THE TERMS OF MEDICAL COUNCIL OF INDIA. HEALTHPLIX APP AND THE ADVICES SHARED ON IT IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON THE INFORMATION SHARED THROUGH THE USE OF HEALTHPLIX APP OR FROM THE DOCTORS FEATURED ON THE APP IS SOLELY AT YOUR RISK. HEALTHPLIX AND HEALTHPLIX DOCTORS MAKE NO WARRANTY WITH REGARD TO ANY PHYSICIAL COMMUNICATION, THE CONTENT OF ANY TREATMENT OR RESPONSE THEREOF. HEALTHPLIX AND HEALTHPLIX DOCTORS SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT PROFESSIONALS AND SPECIALISTS ON HEALTHPLIX. HealthPlix does not claim to make decisions for You. Any use of HealthPlix App shall be supplementary to treatment You receive under the formal patient-doctor relationship. We only help in assisting You to, manage your vitals with the help of reminders & provide a platform wherein You can connect with a doctor and also a framework wherein You can keep your health records and prescriptions uploaded/managed electronically.
At times, HealthPlix do support to augment the existing relationships that You may have with your doctor and extend the interactions within the App. However, through HealthPlix Services we do not intend to create a formal patient-doctor relationship as envisioned within the law. In all circumstances, we advise You to consult your doctor or your healthcare provider on any or all information You receive either from HealthPlix or from the doctor on HealthPlix via the App. 

13. Indemnification
You shall defend, indemnify, and hold harmless HealthPlix, its affiliates/subsidiaries/Joint Venture partners and each of its, and its affiliates’/subsidiaries/JV partners’ employees, contractors, directors, suppliers and representatives and in addition, all medical practitioners (doctors/ physician/ lab diagnostics) registered with HealthPlix from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Service, or (ii) your violation of the Terms of Use or any applicable law, contract, policy, regulation or other obligation. HealthPlix reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with HealthPlix in connection therewith.

14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HEALTHPLIX (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS, MEDICAL PRACTITIONERS(DOCTORS/ PHYSICIAN/ LAB DIAGNOSTICS)) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SERVICE (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE IN THE ONE (1) MONTH PRECEDING THE APPLICABLE CLAIM OR (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF HEALTHPLIX HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.

15. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of India without regard to the conflict of laws provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the Websites or Services, the Terms or any transactions entered into on or through the Websites or Services shall be subject to the exclusive jurisdiction of the courts at Bangalore, India and you hereby accede to and accept the jurisdiction of such courts.

16. Miscellaneous
The Terms of Use are the entire agreement between you and HealthPlix with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and HealthPlix with respect to the Service. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms of Use are personal to you, and are not assignable or transferable by you except with HealthPlix’s prior written consent. HealthPlix may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.

17.Contact
If you have any questions regarding the Service, please contact HealthPlix at team@healthplix.com.