Last updated on: October 28, 2023

This Terms of Use (“Terms”) apply to the access and use of Medugo website and/or mobile application (“Platform”). This Platform is owned, managed and operated by STMJ Products and Solutions Pvt Ltd. (“Company”, “we”, “our”, “us”). The terms “You” or “Your” in this Terms refer to the end user and/or subscriber of our Platform. The scope of this Terms governs the use of the Platform by patients, or users and/or others (“End user”) for collection, storage, usage, processing, hosting, transmitting and disclosure of health data.

ACCEPTANCE AND CONSENT

Acceptance of the Terms is mandatory for accessing and/or using the Platform. By accepting the Terms you represent and warrant that you are 18 years of age or older, and that you have the right, authority and capacity to access and use the Platform. By accessing, using, downloading, installing and/or subscribing to the Platform or accepting, submitting or downloading any content from the Platform, you will be deemed to have read and understood the Terms and accept and agree to be bound by this Terms. Your access and/or use of the Platform will constitute as acceptance of the Terms and will create a binding agreement between you and STMJ Products and Solutions Pvt Ltd. If you do not accept the Terms and do not agree to be bound by the same, we request you to refrain from accessing and/or using the Platform. It is of essence that you read and clearly understand the Terms and its implications prior to accessing and/or using the Platform. The Terms may be updated, modified, or revised from time to time with or without notice to you, and you are expected to be up-to-date with any such updates, modifications or revisions made to the Terms. Your access and/or use of the Platform pursuant to such updates, modifications or revisions will constitute as your acceptance of the updated, modified or revised Terms. The Company may also change, suspend, or discontinue any or all part of the Platform at any time by posting a notice on the Platform or by informing you through any other modes of communication. Your access and/or use of the Platform pursuant to such changes, suspension and/or discontinuance will constitute as your acceptance of such changes, suspension and/or discontinuance. The Platform uses cookies to improve functionality and performance, and if you continue browsing, accessing and/or using the Platform, you are giving implied consent to the use of cookies.

DISCLAIMER

The Platform is not a licensed medical care provider, and the information therein is not intended to substitute professional medical advice or diagnosis, treat or manage any illness or medical condition. Please consult with a licensed physician or other qualified healthcare provider before making any decisions or taking any actions that may affect your health and safety or that of your family or fetus. Please do not disregard professional medical advice or delay in seeking it because of something you may have read in connection with the Platform. Always consult with your doctor or other qualified healthcare provider if you have any questions or concerns about your health or condition or experience any changes in your condition or health status.

The Platform will not be liable for any errors or omissions, or for unintended technical inaccuracies, or typographical errors in the information available on it, as well as any violation of any ethical or moral standards as applicable in your local community.

The Platform is intended to help make your health-related information more readily available and useful to you. However, the Platform or the Company cannot and does not guarantee health-related improvements or outcomes. You agree to use the Platform and any information, predictions, or suggestions provided therein at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the Platform, and you agree and understand that the Platform is not intended to match or serve the same purpose as a medical or scientific device or healthcare provider.

SUBSCRIPTIONS AND BILLING

The Platform may offer you the opportunity to purchase subscriptions that provide access to certain content, features or services for a specified period of time. We charge you on-going fees automatically on a regular basis until cancelled by you. You understand and agree that certain content, features or services included in

subscription may change from time to time, as we introduce new features, develop our existing offering and sometimes remove features . The features and content available to you may differ by relevant store, version or device. By accessing the Platform you agree that your purchases are not contingent on the provision of any future functionality or features, or dependent on any oral or written public statements, and comments made by the Company or the Platform regarding such functionality or features. You may purchase the subscription on a recurring basis disclosed to you prior to your purchase by paying a subscription fee plus applicable taxes in advance.

The Company may from time to time make changes to subscription, including recurring subscription fees and will communicate any price changes to you through the Platform. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the subscription after the price change takes effect, you will have accepted the new price. If you don’t agree to a price change, you can reject the change by unsubscribing from the applicable subscription.

Yoursubscription will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the subscription period. You must cancel your subscription before it renews to avoid the billing of the fees for the next subscription period. You can cancel the renewal of your subscription at any time by contacting us at info@www.medugo.com

OWNERSHIP

You agree and acknowledge that the access and/or use of the Platform is under a limited, non-exclusive, non-transferable, non-assignable, non-licensable, royalty-free, personal license basis granted by the Company only for personal and non-commercial purposes as mentioned in the Terms and T&C.

All intellectual property in relation to the Platform, including but not limited to text, graphics, logos, images, and software, present therein are the property of the Company or its licensors and are protected by trademarks, copyright, and other intellectual property laws. You are by no means granted any rights or proprietary interest impliedly or expressly by the Company in respect of such intellectual property. You may not, and will not permit any other party, to use or merge the whole or part of any of the intellectual property owned by the Company or any component thereof, with software or databases that do not belong to the Company. You shall not be permitted to sub-license or transfer any of the intellectual property or data in the Platform. You shall neither reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Platform, nor interfere, circumvent, or attempt to interfere or circumvent any measures in place to protect, regulate or enforce the intellectual property in relation to the Platform. You shall not be permitted to modify, adapt, alter, translate or create derivative works of the Platform and/or any part thereof. You shall not be permitted to use the Platform as a service bureau, or lease, rent or loan the Platform to any third party and/or use the Platform for any commercial purpose. You shall not interfere in any manner with the operation of the Platform and/or use any robot, spider, site search/retrieval application or any other manual or automatic device or technology, existing as on date or to be developed in the future, to retrieve, index, scrape, data mine or in any way gather information about the Platform and/or belonging to the Company.

ACCURACY AND CONFIDENTIALITY OF INFORMATION

You consent to the collection, storage, usage, processing, hosting, transmitting, and disclosure of your personal data, personal information, sensitive data, sensitive information, and credential of any information in compliance with our Privacy Policy, which is incorporated by reference into the Terms and T&C, while accessing and/or using the Platform. You also represent and warrant that any such aforesaid information that you provide is and will remain true, accurate, and complete, and that you will maintain and update such information regularly. You understand and agree that if any such information that you provide is false, inaccurate, obsolete, or incomplete, we reserve the right to end your use of the Platform. You also agree that you will be solely responsible for maintaining the confidentiality of your account credentials, so created for the use of the Platform, and for all activities that occur under your respective accounts. You agree to not hold the Company or the Platform liable for any claims or losses arising out of misuse of the Platform accessed using your credentials.

LIMITATION OF LIABILITY

The Platform and the services and features thereon have been provided on an “as is” and “as available” basis without any warranties of any kind, whether express or implied. You agree that, to the maximum extent permitted by law, you access and use the Platform at your own risk and the Platform and/or the Company is not liable or responsible to you or any other person for any claim, damage, loss, liability and costs under or in connection with these Terms or your access and use of (or the inability to access or use) the Platform. You also understand and agree that, to the maximum extent permitted by law, the Platform’s and/or the Company’s maximum aggregate liability under or in connection with these Terms, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise, will be determined on a case-to-case basis. You also understand and agree that the Platform and/or the Company is not liable or responsible for any loss of profit, revenue, savings, business, data and/or goodwill, consequential, indirect, incidental or special damage or loss of any kind.

Neither party will be responsible, liable, or held to be in breach of these Terms for any failure to perform its obligations under these Terms or otherwise, to the extent that the responsibility, liability, or failure is caused by the other party failing to comply with its obligations under these Terms, or by the negligence or misconduct of the other party or its personnel.

You understand and agree that we will take every effort to make the Platform easily accessible and useful, but we cannot assure that your web browser or mobile device will be compatible with the Platform to provide the best results or that your access to the Platform will be uninterrupted, or that any content therein will be free from errors. You also understand and agree that you are responsible for obtaining and maintaining all telecommunications, broadband, and computer and mobile hardware, equipment, and services needed to access and/or use the Platform, and we do not and cannot guarantee that the Platform will be virus-free, invulnerable to hackers or other unauthorized users, or always available.

You also agree to use the Platform only for its intended purpose and in compliance with all applicable laws and regulations in force from time to time. You, further, also agree to not engage in any unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable conduct while accessing and/or using the Platform. You understand and acknowledge that the Platform is merely providing a platform for End users for collection, storage, usage, processing, hosting, transmitting and disclosure of your health data and so only, it cannot be held responsible for any legal actions arising out of any unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable conduct by you while accessing or using the platform. You also understand and agree that we are not responsible for, and will have no liability in connection with, any transactions or disputes or inaccuracies between you and the doctor/s or other qualified healthcare medical professional with respect to the information provided by you through the Platform to them.

ADDITIONAL TERMS FOR iOS USERS

If you access the Platform via a mobile device or tablet or laptop belonging to Apple, Inc. and running Apple’s iOS (“Apple Device”), the following additional terms hereby form part of these Terms:

• Conflicting Terms: If these Terms conflict with Apple’s terms of use or the Apple App Store Terms of Service or is less restrictive, then Apple’s terms of use or the Apple App Store Terms of Service, as applicable, shall apply with respect to access and/or use of the Platform via an Apple Device or to the extent of conflict.
• Agreement with the Company, Not Apple, Inc.: You acknowledge that these Terms are an agreement between the Company and you, and not with Apple, Inc. The Company, not Apple, Inc., is solely responsible for your access and/or use or inability thereof of the Platform you access via your Apple Device.
• Scope of License: The license granted to use the iOS application is limited to a non-transferable license to use the Platform on an Apple Device that you own or control and as permitted by the usage rules set forth in the Apple App Store Terms of Service.
• Maintenance and Support: The Company is solely responsible for providing any maintenance and support services for the Platform, if any, and you acknowledge and agree that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.
• Warranty: Apple, Inc. will have no warranty obligation whatsoever with respect to the Platform and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is the Company’s sole responsibility, if any.
• Claims: You hereby acknowledge that the Company, not Apple, Inc., is responsible for addressing your or any third-party claims relating to the Platform, if any.
• Intellectual Property Rights: You acknowledge that, in the event of any third party claim that your possession, access, or use of the Platform infringes that third party’s intellectual property rights, the Company, not Apple, Inc., is solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, if any.
• Third Party Beneficiary: You hereby acknowledge and agree that Apple, Inc. and its subsidiaries, are third-party beneficiaries of these Terms with respect to the Platform, and that, upon your acceptance of these Terms, Apple, Inc. has the right (and deemed to have accepted the right) to enforce the Terms against you with respect to the Platform as a third party beneficiary thereof.

SUSPENSION AND TERMINATION

We reserve the right to suspend or terminate your access to the Platform at any time for any reason, including violation of the Terms. We further clarify that termination of these Terms is without prejudice to the rights and obligations of the parties accrued up to and including the date of termination.

GOVERNING LAW

The Terms and your access and/or use of the Platform are governed by the laws of India. If any dispute or claims arise out of or relating to the non-compliance of the Terms, it will be decided exclusively by the applicable courts within the exclusive jurisdiction of Chennai.

CONTACT US

If you have any questions, concerns, complaints, or grievances with respect to the Platform or these Terms, you may contact us at info@www.medugo.com.