VitaCloud End User Terms of Use and License Agreement

Terms of Service

Please read the following End User Terms of Use (“Agreement” or “Terms of use” or “Terms”) carefully before using the services offered by VitaCloud Digital Health Private Limited (“VitaCloud” or “The Company” or “Company” or “We” or “Us” or “Our”). VitaCloud is the author and publisher of the mobile app Chron (“Chron” or “App”), and completely owns and operates the services provided by Chron.

This Agreement outlines the legally binding terms and conditions for each user’s (as defined below) use of the App and services including, without limitation, any other software, SDKs, APIs and Services offered, from time to time, by VitaCloud in connection therewith (collectively the “Services”). By using the Services in any manner, you agree to be bound by this Agreement and the Terms of use. The App and Services are licensed, not sold to you, and you may use the App or Services only as set forth in this Agreement. If you do not want to be bound by this Agreement or do not understand this Agreement, do not use any of the Services or Products offered by VitaCloud.

By accessing or using the Services, you agree to be bound by these Terms of use. If you disagree with any part of the Terms of use, then you do not have permission to access the Service.

Services and Registration Process

The Services are designed to assist a user or patient, his/her representative or affiliates, registered with the application (“you”, “User”, “End User”) in monitoring the user’s blood glucose levels as well as tracking other data associated with managing diabetes or another chronic health condition as covered in the Services. You may choose to use the Services in connection with the Bluetooth Glucometer (the “Meter”) provided by VitaCloud or you may use the Service with another supported meter in certain cases. Whether you purchase and use your own meter or use the meter provided by VitaCloud, the Terms of this Agreement will apply to the use of the Services.

As part of the registration process you will need to create an account, including a username and password. When you create an account with us, you guarantee that you are above the age of 18. It is your responsibility to ensure that the information you provide is accurate, not misleading and is 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 inaccurate, incomplete, obsolete, vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.

Privacy Policy

The Terms of use includes the VitaCloud Privacy Policy, and makes references to the Privacy Policy. By using the VitaCloud Services and the App, you agree that you have read, understood, and agree to the data collection, use, and disclosure provisions set forth in the Privacy Policy.

Medical Information Disclaimer

The data and information provided in the App, is for informational purposes only. This information is in no way meant to be a substitute for medical treatment and may not be construed as medical treatment or diagnosis. Nothing contained in the App is intended to replace the services of a professional and licensed physician, or health provider. The End user should not take any action or inaction based solely on the information made available through the App. End users must consult with such professionals on important medical matters relating to their health.

Financial Matters

We may charge you a fee (“Fee“) for use of certain features of the App, which will be categorized as a VitaCloud premium package(s). The price for utilizing these features will be displayed on the App. Payments of those Fees will be governed by the nature of the functionality. Typical functionalities that may involve a Fee are:

  • A premium care package, that provides access to a health coach and/or a diabetes educator, who will help answer your queries about diabetes or another health condition(s).
  • Booking a diagnostic test via one of the clinical labs featured on the App
  • Buying a smart health device, that automatically connects with the App and allows the user to maintain a continuous health log
  • Other premium features that include but are not limited to, receiving an automated summary health report on-demand, or being able to connect certain third party health devices to the App.

Refund Policy

A refund many be provided to the End user for certain conditions:

  • In the event that a diagnostic clinic has not honoured a paid appointment made via the Website or mobile app, has not been able to meet the User, the User will need to write to us at support@vitacloud.io within five (5) days from the occurrence of such event; in which case, the entire booking amount as mentioned on the Website/app will be refunded to the User within the next five (7) to six (10) business days in the original mode of payment done by the User while booking. In case where the User does not show up for the appointment booked with a diagnostic lab, without cancelling the appointment beforehand, the amount will not be refunded.

    Users will not be entitled for any refunds in cases where, the diagnostic lab is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said diagnostic lab.

  • If the user has bought a VitaCloud premium package including a bluetooth-smart glucometer device but has not received the device, the User will need to write to us at support@vitacloud.io within five (5) days from the occurrence of such event; in which case, the entire booking amount as mentioned on the Website/app will be refunded to the User within the next five (7) to six (10) business days in the original mode of payment done by the User while booking.
  • If a user has subscribed to a VitaCloud premium package and is paying a recurring monthly fee for the package, there will be no refund if you cancel the Service before the end of your current, paid-up month or year, and you will not be charged or billed thereafter.

Intellectual Property

The Services and its original content, features and functionality are and will remain the exclusive property of VitaCloud Digital Health Private Limited. The Services are protected by copyright, trademark, and other laws of India.

  • You agree that VitaCloud owns all rights to the code, databases, visual-design and layout, including all files and images contained in or generated by the software, and accompanying data, of the Service. You would not duplicate, copy, or reuse any portion of the visual design or layout of the Service without the written consent permission of VitaCloud, or you would not remove any copyright, trademark, or other proprietary rights notices contained in the Services.
  • You agree not to resell, duplicate or reproduce or exploit, nor decompile, reverse-engineer, disassemble, or otherwise convert any part of the Service without the express written permission of VitaCloud.
  • The App may include features that enable you to post certain materials from your mobile device to the App. Except for VitaCloud content provided to you on or through the App, you agree that you, solely, are responsible for, and assume all liability and consequences regarding, the photos, video, audio, text, and any other media content that you post to or through the App along with all associated metadata (which may include, without limitation, your device type, applicable device identifier, IP address, phone state, as well as date, time, and application and location data associated with Internet and data services and the creation or submission or a particular piece of content) (collectively, the “End User Content”)
  • By creating, posting, or sharing End User Content on or through the App, and subject to the Privacy Policy, you grant VitaCloud a perpetual, transferrable, sublicensable, world-wide, non-exclusive, royalty-free license to reproduce, distribute, use, modify, remove, publish, transmit, publicly perform, publicly display, or create derivative works of End User Content for any purpose without compensation to you, including for the purpose of promoting VitaCloud and the App, including after your account is cancelled or otherwise terminated. Note that any such user-specific data will always be anonymized and in accordance with our Privacy Policy. We reserve the right to refuse to accept, post, display, or transmit any End User Content in our sole discretion. You acknowledge that VitaCloud has the perpetual and irrevocable right to delete any or all of your content and data from our servers and from the App, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party.
  • You agree that VitaCloud may collect and use technical data and related information, including, but not limited to, unique device identifiers and other technical information about your health or fitness device, system and application software that is gathered periodically to facilitate the provision of software updates, product support, and other services to you related to the App, and to track and report your activity inside of the App, including for analytics purposes.
  • Please review the the VitaCloud Privacy Policy available on our website for more details and information we collect and how we use and disclose that information.

Connecting Third Party Health Data Sources or Web Sites

VitaCloud’s Services may contain links to third party web sites or services that are not owned or controlled by VitaCloud. Such third party services may provide the end user with the ability to:

  • Connect their fitness trackers or Apps or Medical devices (Health Data Sources), that will allow VitaCloud to sync data using but not limited to, Bluetooth, SDKs and APIs. By using such Health Data Sources, you are bound by the individual Terms of Service of the authors of these Health Data Sources.
  • Book a medical test with a diagnostic clinic
  • Buy and/or connect via bluetooth, a personal health monitor, like a weight scale, glucometer, blood pressure monitor or such similar devices

VitaCloud has no control over, and assumes no responsibility for the content, privacy policies, functioning or practices of any such third party web sites or Health Data Sources. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that VitaCloud shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the Terms and conditions and privacy policies of any third party web sites or services that you visit or connect through VitaCloud.

Location Based Services

Some of the features of the App may enable VitaCloud to access your location in order to tailor your experience with the App based on your location (“Location Based Services“). To use certain Location- Based Services, certain features of your mobile phone must be enabled, such as GPS, Wi-Fi, and Bluetooth, which enable VitaCloud to identify your location through a variety of means, including but not limited to GPS location, IP address, cell tower location, geo-fencing technology, or detection by physical on-location Wi-Fi or Bluetooth sensors, as available. If you choose to disable any Location-Based Services on your device, you will not be able to utilize certain features of the App. By enabling Location-Based Services on your device, you agree and acknowledge that (a) device data we collect from you is directly relevant to your use of the App, (b) We may provide Location-Based Services related to and based on your location at that current time, and (c) We may use any information collected in connection with the provision of Location Based Services in connection with its provision of the App. Please note that location data may not always be accurate, and VitaCloud disclaims any and all warranties related to location-based services.

Termination and Cancellation

VitaCloud may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

You are solely responsible for properly cancelling your account. You may cancel your account at any time by sending an email to support@vitacloud.io, mentioning your intent of cancellation. There is no cancellation Fees required. There will be no refund based on pro-rata if you cancel the Services before the end of your current, paid-up month or year, and you will not be charged or billed thereafter.

Indemnification

You agree to defend, indemnify and hold harmless VitaCloud, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation of Liability

In no event, including but not limited to negligence, shall VitaCloud, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

  • Provision of or failure to provide all or any service by Physicians, Hospitals, Clinics (collectively, the “Providers”) to End- Users contacted or managed through the Website.
  • Any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website.
  • Any unauthorized access to or alteration of your transmissions or data; or
  • Any other matter relating to the Website or the Services.

In no event shall the total aggregate liability of the Protected Entities to a End user for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a End user’s use of the Website or the Services exceed, in the aggregate Rs. 500/- (Rupees five hundred Only).

Disclaimer

Your use of the Services is at your sole risk. The Services is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a specific purpose, non-infringement or course of performance.

VitaCloud, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

You agree that this Agreement and any contractual obligation between VitaCloud and End user will be governed by the laws of India.

Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by VitaCloud. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

Subject to the above, the courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.

Changes to the Terms of Use

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We may revise these Terms of use at any time by posting an updated version. You should visit this page periodically to review the most current Terms of use, because you are bound by it. Your continued use of the App or Services after a change to this Terms of use constitutes your binding acceptance of this Terms of use.

Retention and Removal

VitaCloud may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules of India.

Waiver

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by VitaCloud. Any consent by VitaCloud to, or a waiver by VitaCloud of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

If you have any questions about these Terms, please contact us at:

VitaCloud Digital Health Private Limited
                    #72, Ground Floor,
                    14 th A Main, 16 th Cross, HSR Layout Sector 4,
                    Bangalore – 560102,
                    Karnataka,
                    India.